DWI Blood Test
In most cases, officers will ask you to undergo a breathalyzer test if they suspect you’re driving while intoxicated (DWI). However, in some instances a breathalyzer test isn’t sufficient enough to determine if a person is impaired due to alcohol or drugs. If this occurs, officers may instead ask you to comply with blood analysis conducted at either state crime lab or a local hospital.
The arresting officer will not read the results of the blood test as they must be translated by someone with a scientific background. Lab technicians at the state crime lab or hospital will access the information and interpret the results for law enforcement. Often this information is handed from person to person, and in some instances this passing around could lead to issues within chain of custody. Ultimately, these factors and others could affect a person’s results and possible lead to a DWI charge.
If you or someone you know has been charged with DWI due to a blood test, then it’s crucical you seek legal representation as soon as possible.
Houston DWI Defense Lawyer | DWI Blood Test Results, Texas
A DWI conviction can have a tremendous impact on your life. If convicted, your license will be suspended, you’ll be required to pay large court fines, you must take a DWI class, and you could even face possible time in jail. With so much on the line, it’s important you secure legal representation if you’ve been charged with DWI after a blood test, urine test, or breathalyzer.
If you or someone you know is facing charges for DWI, contact an experienced criminal defense attorney with Brian Benken. Attorney Benken has decades of knowledge to fall back on as he’s been practicing criminal defense since 1991. Plus, Brian Benken is a certified private investigator as well and can use his extensive investigative techniques to discover all the necessary facts needed to build a strong defense.
Call The Benken Law Firm today at (713) 223 - 4051 to set up your first consultation free of charge. The Benken Law Firm practices throughout all parts of Houston including Alief, Brays Oaks, Meyerland, Midtown, and Sharpstown. Attorney Benken also practices in all parts of Harris County and throughout the state of Texas.
- What Do DUI Blood Tests Test For?
- DUI Blood Test Errors
- How to Beat DUI Blood Test
- Additional Resources
What Do DUI Blood Tests Test For?
Under the Texas Penal Code, law enforcement can determine a person is intoxicated in two ways. One is if they have reasonable suspicion the person’s mental and physical faculties are impaired to the point it’s unsafe to drive. The other is by measuring the person’s blood alcohol concentration. If the person has a BAC of .08 %or more, then they are considered legally intoxicated under the Texas Penal Code.
Officers use different methods to calculate blood alcohol concentration (BAC) one of these includes blood analysis. Police officers tend to default to blood testing when they suspect the driver is under the influence of drugs. That is because blood analysis is much more effective at detecting drug use than a breathalyzer. The blood test results must be interpreted by a lab or health care technician in a hospital or state crime lab.
DUI Blood Test Errors
Blood analysis, while based in science, is still susceptible to human error and other factors that could result in false results. Listed below are some common issues associated with DWI blood tests that could potentially skew results.
- Contaminated samples
- Failing to take two samples from the driver
- Technicians are inadequately trained
- A break in chain of custody created confusion and caused an error
- Sample was mislabeled
- The medical equipment wasn’t sterilized
- An unauthorized person took the sample
- The second blood test gave dramatically different results
- Alcohol contaminated the sample while it was sterilized
- Inability to convert plasma blood or serum
- The testing kit was outdated
- The sample had decomposed
- The sample was poorly stored
Beat DUI Blood Test
Despite what you may read online, there’s no actual foolproof way to beat a DUI blood test. These tests are scientific and if an error occurs it could actually hurt you in the end. Most attorneys would say the best way to “beat” a DWI blood test is to not take one at all. Law enforcement may try to convince you otherwise, but you’re legally permitted to deny any DWI chemical test including blood analysis.
Now, it’s important to understand if you choose to refuse a blood test, there will still be consequences. Refusing any DWI chemical test is technically a violation of implied consent laws. These are a set of laws stating any person using Texas’s public roads are implicitly agreeing to DWI chemical testing administered by law enforcement. Any violation of these laws will result in an administrative license suspension.
Refusing a DWI blood test will result in an automatic suspension of up to 180 days. If it’s a repeat refusal, then your suspension term may be enhanced to up to two years.
While having a suspended license is incredibly challenging in a state like Texas, it’s a lot easier to handle than a DWI conviction. If you refuse testing, the officer may still charge you with DWI as they will take the refusal as a sign of guilt. However, if you refused that will also mean the prosecution will not have a lot of evidence to convict you. They will not have any scientific evidence of your impairment and they must instead rely on subjective evidence from the law enforcement officer and possible eyewitnesses. Whereas if you did submit to testing and failed, the prosecution would have ample fire for your case– increasing the chances of conviction.
Plus, you can still fight your license suspension. The state of Texas allows offender 15 days to file a request for an Administrative License Revocation hearing. At the hearing you can present evidence with your attorney why you should maintain your driving privileges.
TDPS | ALR Program — Visit the official website of the Texas Department of Public Safety (TxDPS) to learn more about their Administrative License Revocation (ALR) program. Access the site to learn more about the legal limits in Texas, the suspension terms for refusing or failing, and how to get an occupational license.
Texas Drinking and Driving Laws — Visit the official website of the Texas Penal Code to learn more about their laws regarding drinking and driving (DWI or DUI). Access the site to read their admissible defenses, penalties, implied consent laws, penalties for refusing, information about ignition interlock devices, and more.
Houston DWI Blood Test Lawyer | DUI Blood Test Accuracy
If you or someone you know has been charged with DWI due to blood testing, then challenge your results with the help of Brain Benken of The Benken Law Firm. Attorney Benken is a skilled lawyer with over three decades of experience defending individuals in Texas court rooms. His extensive experience and understanding surrounding DWI and DWI chemical testing may be exactly what you need to fight your charges.
Call The Benken Law Firm today at (713) 223 - 4051 to set up your first consultation free of charge. The Benken Law Firm accepts clients throughout all parts of Harris County including Magnolia Parks, Greenspoint, and Gulftown.