DWI Chemical Tests
Want to learn about DWI chemical tests in Texas? Watch this video to see if you can fight chemical tests in court. Then call for a free consultation.
Question: Can you fight DWI chemical tests in Texas?
In Texas, we see both breath tests and blood tests. Which one is more defendable? It depends on the case and the facts and who ran the blood test. Probably, overall, a breath test is more defendable because the jurors have some doubt about the results of breath tests. Depending on who did them and who’s testifying, that makes a difference because on a breath test, usually there are one or two people that come in to testify about a breath test.
On a blood test, the people have more qualifications and come in to try to set up the blood test as the greatest test. However, also what ends up happening in some blood tests is the state has difficulty getting those people in. Also, there are other issues that occur with blood tests. Was the blood drawn properly? Did they use the right type of swabs when they cleaned the area of the arm? There’s a lot to look at, but jurors generally have more faith in blood tests. I would say probably a breath test is more defendable.
Were you or a loved one arrested for drunk driving and have questions about dwi chemical tests? Contact a San Antonio DWI attorney at Rush & Gransee today for a consultation on your case and all of your potential defenses. Let our experience work for you.
Successful Case Defending Aggravated DWI
Timothy A. – The defendant fell off his motorcycle then fled on foot; when caught he was taken to the hospital because of injuries. The defendant’s hospital records were obtained which showed a BAC of 216 mg/dl. We were able to show that the hospital blood tests were inaccurate. The hospital blood test was on serum which when converted to whole blood is around .17. Because of the original incorrect serum blood test and the very high BAC he was charged with DWI Class-A “extreme intoxication”. Ultimately, we were able to get the case reduced all the way down to obstructing a highway plus the defendant was placed on deferred adjudication. The defendant is eligible for record sealing.