DWI Blood Tests
DWI Blood Test Attorney in Houston: Brazoria, Ft. Bend, Galveston, Harris & Montgomery Counties
Thousands of people are arrested and prosecuted on DWI charges every year. Due to the frequent occurrence of DWI incidents, federal and state governments are using blood tests to secure driving while intoxicated convictions.
To successfully secure a conviction, the prosecution must prove beyond a reasonable doubt that the alleged offender consumed enough alcohol to meet the legal definition of intoxication. Evidence of intoxication is usually gathered by using a breath test or blood test to determine blood alcohol concentration (BAC). However, in recent years, the use of blood draws has become more commonplace.
Blood Tests for DWI
Although the most common method for determining a driver’s level of intoxication is the use of a breathalyzer, a drunk driving blood test is used in certain circumstances. In general, a sample of someone’s blood is believed to be more accurate in determining the concentration of alcohol in the body. Some of the circumstances that call for a drinking and driving blood test include:
- Refusal to submit to a breath test: This is one of the most common reasons for conducting a blood evaluation. If a person is arrested on suspicion of driving while intoxicated, they will be transported by law enforcement to a police station. Once there, they will be asked to provide a breath sample. If that person refuses, law enforcement officers may be able to obtain a warrant that grants them the legal right to obtain a blood sample.
- DWI resulting in injury: If a driver is arrested for drinking and driving after a car accident that resulted in an injury to another person that required medical treatment, they may be required to submit to a blood sampling even if they refuse.
- Prior drunk driving convictions: If a drunk driver has two or more prior drunk driving convictions, was previously convicted of DWI with a child passenger or was found guilty of intoxication manslaughter charges, he or she may be forced to take a BAC test.
Problems With DWI Blood Tests
Although venipuncture is purported to be more reliable and precise in determining a person’s intoxication level when compared to breath tests, blood draws are far from perfect. Samples can be mishandled, tampered with, contaminated or lost. Also, the technicians drawing the blood may not have had proper training.
Because of these problems, a DWI blood test attorney may be able to prepare a legal defense based on improperly-handled blood samples. If the DWI blood test lawyer finds evidence of mishandling or tampering, they may be able to get their defendant’s drunken driving charges reduced or dropped.
Consult With a DWI Blood Test Lawyer in Houston, TX
For help with your drinking and driving case, get in touch with Greg Tsioros by calling (832) 752-5972.