Blood Tests & DWI in Houston, TX
Insight From Our Houston DWI Lawyer
After you have been stopped for suspected DWI, the police have all of the advantages when it comes to having you submit to a blood test. It's a troubling fact that, even if you refuse a breath test, the authorities have the legal capacity to force you to take a blood test. Just because they get the test results, though, doesn't mean that you don't have grounds for an effective defense. You still have your civil rights on your side.
At The Law Offices of Jed Silverman, we don't roll over and give up on a client’s defense just because the prosecutor says the blood test resulted in an alleged blood alcohol concentration of .08% or above. For many years, we have been successfully defending people in Houston, Harris County and statewide who have been charged with DWI. We have seen the mistakes police and testing labs make, and we can get blood test results thrown out of court. Without their only piece of “hard evidence,” the prosecution often doesn't have a case.
There are many factors a Houston DWI attorney may question in the validity of a blood test result:
- Did the police have a legally obtained warrant to draw your blood?
- Were you fully advised of your rights prior to drawing blood?
- Was the test equipment calibrated and the lab certified?
- Did you receive a health screening prior to drawing your blood?
- Was the blood drawn in a sanitary environment and properly handled and stored?
Warrants and DWI Blood Tests
Did the police have probable cause to believe that you were legally intoxicated? This should be the case before he or she obtains a blood warrant for the purpose of getting a mandatory blood draw.
This is sometimes justified after a serious car accident causing injury or death, or if there is a child younger than age 15 in the car and the police have reason to suspect that the driver's blood alcohol level is over the limit of .08%. In other circumstances, there may be more of a gray area of doubt as to whether the police were justified in obtaining a blood warrant after pulling you over on suspicion of DWI.
Changes in Blood Test Laws
Blood test laws changed recently when the U.S. Supreme Court ruled that it is not unconstitutional for police to get a warrant to draw your blood. In fact, the police have the right to force you to take a blood test under any circumstance.
No matter the results of your blood were, don't give up. We never do. Call our Houston offices any time of the day or night to arrange a confidential consultation. We can start preparing the strongest drunk driving defense possible. If you work with our firm, we will do everything possible to have your charges dismissed or reduced to a non-alcohol related moving violation.
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