Typically, a driver arrested for driving while intoxicated (DWI) is given the choice to take a breathalyzer test or refuse it and suffer the consequences. Unfortunately, it is becoming more commonplace for Texas law enforcement agents to request a blood test warrant in order to test those who refuse the breathalyzer. The reason for this shift is that prosecutors have found that it is often more difficult to secure a guilty verdict when there are no breathalyzer or blood test results. If you were recently compelled to take a blood test due to a warrant, you should immediately contact a DWI defense attorney to learn about your rights and begin preparing a solid defense.
In order to get a blood warrant, the police must have probable cause to believe that you are under the influence of alcohol and/or drugs. Once this has been established, the police will then submit an application to a judge or magistrate, stating that you have refused to take the breathalyzer test and requesting permission to administer a blood test. If the warrant is granted, you will be transported to a hospital or other clinical setting where a certified individual will draw your blood and submit the sample for testing.
The first thing a DWI defense lawyer will do if you were compelled to submit a blood sample because of a search warrant is to determine if the warrant was valid. If there were any mistakes in the paperwork or if your attorney can prove that there was no probable cause, your blood test reading could be thrown out or challenged in court.
Your attorney can also work with an expert to determine if there were any problems with the blood test. For example, if the proper preservatives were not added to the sample or the blood was not transported to the crime lab in the correct manner, your results may be inaccurate. In addition, the blood test has to follow a specific chain of command–if any link in the chain is not accounted for, the results could be dismissed.
Despite being accused of a crime, you do have certain rights. Attorney Ken Gibson will carefully review the facts of your arrest to determine if the search warrant was valid and if your blood test results were accurate. If not, there is an increased chance that your drunk-driving charges may be reduced, dismissed, or even acquitted.
Are you interested in receiving a free case evaluation? If so, please call our law office now to set up an appointment.
The Law Office of Ken Gibson
812 San Antonio St #100
Austin, TX 78701