Texas DWI Defense Lawyer

Blood Testing Information

Although blood testing is allowed in Texas for determining your blood alcohol content (BAC), it is not as commonly done.  In order for this type of test to be done correctly, it must be properly and standardly administered.  Because Texas has "implied consent" laws, you agree when you apply for a driver's license to chemical or blood testing if needed to determine intoxication.  You can therefore refuse to take a blood test, but risk automatic suspension of your license just for refusing, no matter the outcome of your DWI case.

In Texas only a doctor, qualified technician, registered nurse, chemist or licensed vocational nurse are allowed to legally take blood samples.  Therefore, if a police officer tries to take a blood sample himself, this is outside of the legally allowed individuals and our office can likely have that sample dismissed as evidence.  You have the right for your blood to be drawn by a qualified person, in a sanitary place.

Even though the blood test may show that your BAC was .08% or higher when taken by a qualified technician, there are a number of ways to challenge these results when defending you for your DWI charges.  Some effective defenses include:

• The blood test kit was expired
• The blood sample was not mixed properly, leading to incorrect results
• Untrained or unqualified individual conducting the test
• Mishandling of blood samples
• Exact evidence protocol not followed

Blood Testing Not Always Valid

Just because your test came out with an over the limit BAC, this does not mean that a strong defense can't be made to fight your charges.  The Law Offices of Chris S. Barnett has an effective DWI attorney who has the know-how to pick apart the prosecution's case when it comes to challenging evidence.  Our firm has the dedication you need during this difficult time and will work hard to get you the best possible outcome.  Call our office today for a free initial consultation.

Blood tests that show you were DWI can be disputed.  Contact a Fredricksburg DWI Lawyer, from the Law Offices of Chris S. Barnett to find out how we can help your DWI charges.