DWI Blood Tests
Houston DWI Blood Test Lawyers :: The Law Office of Matthew D. Sharp
In Texas, police officers can request a blood draw be taken to determine whether a person is guilty of driving while intoxicated (DWI). While a motorist can sometimes refuse such tests, there are occasions whereby a judge will sign a warrant for a blood test to be taken forcibly. A few of these instances include:
- Whenever there has been an accident involving serious injury or death
- The suspect has a prior DWI conviction
- Local governments have declared a “no-refusal” weekend
- There is reason to suspect that an individual is also under the influence of controlled substances
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Penalties for Refusal
Texas has what is known as implied consent, which means that motorists automatically give their permission for a blood draw simply by driving on the state’s highways. As long as an officer has probable cause to make a traffic stop, submitting to this test is mandatory. Refusals must be made in writing, and the consequences for refusing a test include:
- Possible license suspension for up to 180 days (first refusal)
- License suspension of up to two years (two or more refusals)
In addition, the fact that a blood test was refused can be used against a defendant in a later administrative license revocation hearing or criminal trial.
Penalties for Testing Positive
If an individual tests above the legal limit on a blood test, this can result in criminal penalties that may include:
- Jail time
- Suspension of one’s drivers license
- Mandatory drug and alcohol counseling
Defenses Against a High BAC Test
In defending a client against DWI charges, a criminal defense attorney will check to make sure a blood test was performed using the proper protocol; otherwise, the accuracy of the results can be challenged. A lawyer will try to determine whether the sample was taken by a qualified medical professional and from a vein rather than an artery. Attorneys will also look at whether or not the proper testing methods were used and how the sample was stored and handled.
It is important to remember that a high BAC reading does not automatically mean a conviction, as there are several factors that can raise reasonable doubt in the minds of jurors.
Speak to a DWI Blood Test Lawyer in Houston, TX
A DWI conviction can have far-reaching consequences. In order to increase your chances of a positive outcome, you’ll need defense attorneys who do not fear prosecutors. Matthew Sharp is a lawyer who believe each client deserves the most aggressive defense possible. For help with your DWI charge, contact The Law Office of Matthew D. Sharp at 713-868-6100.