Texas DWI Defense Attorney Reveals Weaknesses of DWI Blood Tests

 

If you provided a blood sample to law enforcement officers, you may be fearful that the test will give the prosecution all of the proof that they need to convict you of driving while intoxicated. If you have been charged with DWI, A blood test is a form of evidence, and, if you were tested, the prosecution may try to use the test results as part of their case against you. However, there is also the possibility that the prosecution will not try to use the blood test results as part of their case against you. This is good news for DWI defendants, but if you have been charged with DWI, you probably realize that there is simply too much at stake for you to leave your defense up to chance.

A wise approach to your DWI defense could include remaining hopeful that the blood test evidence will not be used in the case against you while simultaneously preparing yourself for the possibility that the test results and other evidence will be presented in court by the prosecution. The best way to do this is by retaining an experienced Texas DWI defense attorney. Blood test results and other types of evidence can sometimes be challenged, and a skilled DWI defense attorney can examine the facts surrounding the collection and processing of your blood test and the other evidence in your case. Your attorney can then determine whether they could challenge the admissibility of any of the evidence or bring some other challenge against your DWI charges.

The following story is one example of a situation in which a defendant’s blood was sampled, yet their DWI charges ended up being dropped. The defendant had been pulled over during a no-refusal weekend. During a no-refusal weekend, a driver who is pulled over and asked to take a Breathalyzer test must submit to a blood test if they refuse to take the Breathalyzer test. This particular defendant refused to take the Breathalyzer test, and a blood sample was subsequently taken. The blood test results did not go before the court, and the charges were dropped.

While it is uncertain exactly why the blood test results were not presented in the case described above, it is possible that the prosecution did not feel confident in the blood test results for some reason. The blood testing system in Texas is not foolproof, and the weaknesses in the system provide possible defenses for some DWI defendants who have had blood samples taken and tested. Some counties do not have a lab that they can send blood samples to for testing due to problems with accuracy and competence at the labs that they had been using previously. Blood samples that are taken in those counties that do not have labs must be tested at the DPS lab in Austin.

Texas DWI Defense Attorney Jack Pettit – Trusted Advocate for DWI Defendants

Dallas area DWI defense attorney Jack Pettit, Attorney at Law, has been a strong advocate for his clients for over thirty years. Call Attorney Jack Pettit today at 214-521-4567, to learn more about how he may be able to help you.

If you provided a blood sample to law enforcement officers, you may be fearful that the test will give the prosecution all of the proof that they need to convict you of driving while intoxicated. If you have been charged with DWI, A blood test is a form of evidence, and, if you were tested, the prosecution may try to use the test results as part of their case against you. However, there is also the possibility that the prosecution will not try to use the blood test results as part of their case against you. This is good news for DWI defendants, but if you have been charged with DWI, you probably realize that there is simply too much at stake for you to leave your defense up to chance.

A wise approach to your DWI defense could include remaining hopeful that the blood test evidence will not be used in the case against you while simultaneously preparing yourself for the possibility that the test results and other evidence will be presented in court by the prosecution. The best way to do this is by retaining an experienced Texas DWI defense attorney. Blood test results and other types of evidence can sometimes be challenged, and a skilled DWI defense attorney can examine the facts surrounding the collection and processing of your blood test and the other evidence in your case. Your attorney can then determine whether they could challenge the admissibility of any of the evidence or bring some other challenge against your DWI charges.]

The following story is one example of a situation in which a defendant’s blood was sampled, yet their DWI charges ended up being dropped. The defendant had been pulled over during a no-refusal weekend. During a no-refusal weekend, a driver who is pulled over and asked to take a Breathalyzer test must submit to a blood test if they refuse to take the Breathalyzer test. This particular defendant refused to take the Breathalyzer test, and a blood sample was subsequently taken. The blood test results did not go before the court, and the charges were dropped.

While it is uncertain exactly why the blood test results were not presented in the case described above, it is possible that the prosecution did not feel confident in the blood test results for some reason. The blood testing system in Texas is not foolproof, and the weaknesses in the system provide possible defenses for some DWI defendants who have had blood samples taken and tested. Some counties do not have a lab that they can send blood samples to for testing due to problems with accuracy and competence at the labs that they had been using previously. Blood samples that are taken in those counties that do not have labs must be tested at the DPS lab in Austin. 

Texas DWI Defense Attorney Jack Pettit – Trusted Advocate for DWI Defendants

Texas DWI Defense Attorney Jack Pettit, Attorney at Law, has been a strong advocate for his clients for over thirty years. Call Attorney Jack Pettit today at 214-521-4567, to learn more about how he may be able to help you.

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