Over the years, I have successfully defended hundreds of driving under the influence (“DUI”) charges, also referred to as driving while intoxicated (“DWI”). Over that same time, my offer has remained constant: top-quality legal defense at an affordable rate, delivered in a manner that treats you with dignity and respect. While my offer hasn’t changed, the specifics of DUI/DWI defense have changed. Over the years, new tests and technologies relating to
DUI/DWI evidence have emerged. To ensure that my clients receive the strongest defense possible, I have dedicated my practice to understanding the science behind these new technologies and how the law applies to them. One of these technologies that has risen to prominence in the prosecution’s toolkit is the DUI blood test. Like a breathalyzer, a blood test is a method of testing your BAC following an arrest for suspicion of DUI. When the police take a blood
sample for the blood test, a medical professional will draw a blood sample from your arm into a vial where it will then be sent to a lab for analysis. The lab will run tests to determine the BAC content of the blood. Why the Blood Test?Blood tests provide greater accuracy than breathalyzers in determining blood alcohol content. As a result, police officers will often collect a blood sample following an arrest for suspicion of DUI as the lower margin of error translates to stronger evidence in their favor if the BAC is over 0.08. Although collecting a blood sample is usually discretionary, Texas law requires blood tests to be conducted for a DUI arrest in the following circumstances:
Outside of these three scenarios, there is no requirement for the police to conduct a blood test. How to Fight a Blood TestHaving a blood test come back over the 0.08 BAC limit is a gut-wrenching experience. However, it is not the end of the road. There are many ways to challenge blood tests in court. I have significant experience in challenging the use of a blood test as evidence of intoxication through the following defenses:
Due to the strict rules surrounding obtaining and storing a blood sample for a blood test, having a blood test return a BAC in excess of the legal limit is not an open and shut case for the prosecution. An experienced DUI attorney will methodically review all aspects of the blood sample collection, handling, and testing to identify grounds for challenge. DUI/DWI Blood Test Defense AttorneyAs an experienced DUI/DWI defense attorney, I have dedicated myself to understanding how to systematically challenge all evidence against you, particularly blood tests. If you have been arrested for suspicion of DUI/DWI, please contact my office as soon as possible for a free consultation. I represent clients throughout the State of Texas with focus on the following rural counties: Austin, Bastrop, Burleson, Colorado, Fayette, Lavaca, Lee, and Washington counties. How long does it take to get DUI blood test results in Texas?Test results may be available within ten days of arrest, or they may take a couple of weeks. In extraordinary cases, test results have taken months. You will hear, but you don't necessarily know when. The point, then, is to make the best use of your time while awaiting blood test results on your DWI charge.
How long does alcohol blood test results take?The test is available at selected Drug Testing Clinics or via the mobile collection service. Finally, we will issue your test report within 3 to 5 working days of receiving your sample. Usually, this is only 3 working days. Also, blood alcohol test costs include the results package.
Can you refuse a blood alcohol test in Texas?You can refuse a breathalyzer or blood test in Texas, although you may face penalties as a result. In some cases, the police can obtain a sample from you, despite your objections.
How long can blood be stored before testing for alcohol?According to the manufacturer's instructions for the reagent and analyzer, ethanol concentrations remains stable if the tubes are kept at room temperature (15-25 °C) for 2 days, at 2-8 °C for 2 weeks, or at -25 to -15 °C for 4 weeks (14).
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