If you or a loved one has been arrested for a DWI in Galveston or Harris County, it's likely that your case involves a DWI blood test.​​​

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Can a DWI with a blood test be beaten?

The answer is yes. We have successfully obtained dismissals for various types of DWIs, including those involving blood tests. No case is without flaws. When the police collect a blood sample, many believe it's the end, but it’s just the beginning.  A seasoned DWI lawyer in Galveston can assist in challenging a DWI arrest, even if you agreed to a blood test or a judge issued a warrant for it.

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How do you challenge a DWI blood test case?

The initial step in contesting any DWI case is to determine if the police had reasonable suspicion to initiate their investigation. A Board Certified Criminal Defense Attorney in Galveston, Texas, can pinpoint legal issues with the traffic stop or initial investigation. Brian Foley and Luis Baez, both former prosecutors, have handled thousands of DWI cases. Leverage their experience and expertise for your benefit. Here are some ways to contest a DWI with a blood test:

• Was the traffic stop unjustified by reasonable suspicion?

• Did the officer have probable cause to detain for a DWI investigation?

• Was consent for the blood sample coerced?

• Did the blood warrant lack probable cause?

• Was the blood drawn in an unsanitary facility?

• Was the equipment used to test the sample malfunctioning?

• Was the testing equipment uncertified?

• Was the blood sample improperly refrigerated?

• Was the blood drawn in the correct grey-top forensic tube?

• If the blood was drawn at a hospital, was the hospital blood result converted to whole blood?

 

Disconnect Theory

People generally trust what they can see and hear. If you don't appear intoxicated on the officer's video but your blood alcohol level is well above the legal limit, there is a disconnect between the video and the lab report. Issues with blood testing procedures, blood vial contamination, transport issues, and improper refrigeration can affect the alcohol result. To secure a conviction, a jury must find the blood result accurate beyond a reasonable doubt. The legal limit for intoxication is 0.08. If there is a disconnect between the video and the lab report, the government's evidence may not suffice for a conviction.

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How does blood alcohol testing work?

When the police decide to arrest someone for DWI, they begin with standardized field sobriety tests. If the officer believes you are intoxicated, you will be arrested and read a form called the DIC-24. This government form explains your right to refuse a blood or breath test and the consequences of refusal, typically a suspension of your Driver's License. We might be able to win your driver's license suspension hearing even if you refused to give a sample!

After explaining your rights, the officer will request a blood sample. If you consent, you will be taken to a hospital or the Joint Processing Center in Galveston, Texas, for the booking process and blood draw.

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What is a blood warrant?

If you refuse to give a blood sample, what does the government do then? The officer can apply for a warrant from a magistrate or judge to take your blood without your consent.

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The blood warrant process is supported by District Attorneys available 24/7 at the District Attorney's Intake division. Brian Foley, a former felony Chief Prosecutor in Harris County, helped develop the current procedures for managing this intake process.

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Once a warrant is obtained, a nurse or phlebotomist will draw the blood into a grey-top forensic blood tube. These tubes are filled about 3/4 full, re-boxed, and sent to the laboratory.

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What is the punishment for a DWI with a blood test?

A DWI blood test with an alcohol content below 0.15 is a Class B Misdemeanor, punishable by up to 180 days in jail and a $2,000 fine. If the alcohol content is 0.15 or higher, it is a Class A misdemeanor, punishable by up to 365 days in jail and a $4,000 fine.

Additionally, a State Traffic fine of $3,000 for first-time DWI cases and $6,000 for results of 0.15 or greater may be issued.