Law enforcement use chemical testing to determine if a person is driving under the influence of alcoholic beverages or drugs. It’s common for law enforcement to turn to blood testing, however, when they suspect drug use is the cause for impairment. If this happens, you will be asked to comply with a blood draw at a local hospital or a state crime lab. DWI blood test results can be fickle and although it’s the most accurate out of the three tests, it can still yield false results. Plus reading the results from a blood test requires an extensive scientific background in comparison to breath analysis. This means any human error could potentially skew the results and lead to a false positive. That is why it’s highly recommended you seek a criminal defense attorney if you were arrested for DWI because of a blood test.
Austin DWI Attorney for Blood Tests in Texas
Law enforcement utilizes chemical testing to measure a person’s impairment level. Unfortunately, these tests can sometimes generate false results. When that happens it’s imperative you seek a criminal defense attorney so you can start building a formidable defense as soon as possible. Find a skilled and experienced attorney for your case by calling The Law Office of Kevin Bennett.
Austin DWI attorney Kevin Bennett has represented numerous people charged with DWI through testing. He has an in-depth understanding of DWI blood testing and is skilled at formulating creative and effective defenses for his clients. Call The Law Office of Kevin Bennett now at (512) 476-4626 to set up your first consultation free of charge today.
The Law Office of Kevin Bennett represents people throughout the greater Austin and Travis County area including Lago Vista, Bee Cave, Lakeway, Manor, Del Valle, Jonestown and Rollingwood.
Overview of DWI Blood Testing in TX
- What is Tested for in a DUI Blood Test?
- Do DUI Blood Tests Check for Drugs in Texas?
- Can You Beat a DUI Blood Test?
- Additional Resources
What is Tested for in a DUI Blood Test?
Law enforcement will typically utilize chemical testing when they believe someone has a high blood alcohol concentration (BAC). The tests allow them to measure your BAC and if it reads at .08 BAC or higher, then the police officer is legally obligated to arrest you for DWI. Controlled substances, however, are much harder to discover through standard DWI testing.
That’s why officers will sometimes defer to blood analysis if they’re unable to get a BAC reading of .08 or higher. It’s not uncommon for police officers to try not one, two, but three or four tests until they get the answer they desire. Additionally, blood analysis is the most accurate of the three tests. It’s much easier to receive a reliable reading from a blood draw then a breath or urine test if narcotics are involved. Not only this, but officers will sometimes order hospital technicians to perform a blood test on an unconscious person if they were involved in a deadly accident of some kind.
Do DUI Blood Tests Check for Drugs in Texas?
Blood analysis is typically considered to be the more reliable and accurate method for testing for narcotics. They can detect drugs in a person system and usually the test can determine how long ago they consumed the drug. However, there are multiple factors that can happen during the collecting of samples, the test itself, or post-test that can yield inaccurate results.
Listed below are some issues associated with DWI blood testing:
- Outdated testing kit;
- Contaminated samples;
- Unsanitary testing conditions;
- Break in chain of custody creating confusion;
- Inability to convert serum or plasma blood;
- Second blood test gives vastly different results;
- Failure to sterilize medical equipment;
- Poorly stored sample;
- Alcohol contamination of the sample during sterilization;
- The sample was taken by an unauthorized person;
- Inadequate training;
- Sample decomposition;
- Mislabeled sample; and
- Failing to take two samples
Can You Beat a DUI Blood Test?
If you’ve undergone a blood draw for DWI, then the results will have a drastic impact on your case. Having a BAC below .08 and a blood analysis report showing no drugs in your system will likely result in dismissed charges. However, if the blood draw revealed drugs or alcohol were in your system, then the evidence could be enough to result in a conviction. For that reason, it’s highly recommended you secure legal representation if you were charged with DWI.
Attorneys will often tell their clients to refuse DWI testing if they’ve been pulled over by law enforcement. It’s true that when you refuse chemical testing there are some consequences. An administrative suspension will be placed on your license for up to 180 days and if it’s your second refusal the suspension will last up to two years.
It’s a hassle to deal with a suspended license, but it’s much easier to resolve than a DWI conviction. You simply have to contest a license suspension at an administrative license revocation hearing and from there you can argue for a restricted license. A DWI, on the other hand, involves multiple court hearings, a possible trial, and if you’re convicted the penalties will have a serious impact on your life.
Additional Resources
Administrative License Revocation Program – Visit the official website of the Texas Department of Public Safety (DPS) to learn more about their administrative license revocation (ALR) program. Access the site to read about Texas’s suspension terms, information about ALR hearings and how to get an occupational license.
Texas DWI Laws – Visit the official website of the Texas Penal Code to learn more about their driving while intoxicated (DWI) laws. Access the site to read the penalties for DWI and aggravated DWI, possible defenses and other alcohol-related offenses in Texas.
DWI Austin Attorney for Blood Analysis in Texas
Have you or someone you know been charged with driving under the influence in the state of Texas? If so, then you will need to speak to an experienced DWI Austin lawyer as soon as possible. You can find quality and experienced legal representation by calling The Law Office of Kevin Bennett.
Austin DWI defense lawyer Kevin Bennett understands how stressful DWI charges can be and wants to extend every resource to help. With his years of experience, knowledge and trial practice, DWI attorney Kevin Bennett is ready to fight for your rights. Call The Law Office of Kevin Bennett at (512) 476-4626 today to set up your first consultation free of charge.
The Law Office of Kevin Bennett accepts clients throughout the greater Travis County area including Rollingwood, Austin, Lakeway, Pflugerville, Manor and Del Valle.
