Doesn't a Blood Alcohol Test Always Prove DWI?
If you were arrested for DWI in East Texas and the blood alcohol test came back at a BAC of 0.08 or above, you probably think your best option is to take a plea deal and throw yourself on the mercy of the court. I'm here to tell you, don't give up without a fight. Talk to an experienced lawyer first.
You may not realize it, but there can be serious legal issues and procedural errors that can render a DWI blood alcohol test invalid or make it possible for the evidence to be thrown out. The result? In many cases, if there's no evidence, the charge won’t stand.
Blood alcohol test evidence does not make your case a slam dunk for the prosecution. Contact me today to discuss your rights and your real legal options for fighting an East Texas DWI charge. Your initial consultation will be free and completely confidential.
The Problem With DWI Blood Alcohol Tests
They just aren't as reliable as the police and prosecution would like you to think. There are two primary reasons why:
- Unreasonable delay between your arrest and the administration of a blood alcohol test
- Procedural differences between the police and the hospital where your blood was drawn
- Procedural errors on the blood draw
When a long period of time elapses between a traffic stop and a blood alcohol test, it is possible for more alcohol to be absorbed into your system, actually raising your BAC higher than it was when you were driving.
It is standard hospital procedure to swab the skin with alcohol before drawing blood. This and other complications can lead to a blood alcohol test being ruled inadmissible in court, no matter what the results were.
When Should You Challenge Blood Alcohol Test Evidence?
It can be difficult and expensive to launch a full scale attack on blood alcohol test evidence as part of an aggressive DWI defense. Sometimes there are better options for fighting a drunk driving charge.
If, however, you are facing a serious felony DWI or a charge of intoxication assault or vehicular manslaughter, the potential consequences far outweigh the cost. When your future and your freedom are on the line, the only logical choice is to fight to the end.
Contact Me Today
Call my office in Tyler today at 903.596.9696 to schedule a free and absolutely confidential consultation. Let me put my years of experience as an East Texas criminal defense and DWI trial attorney to work for you to challenge blood alcohol test evidence.
