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Writer's pictureBrian Foley

Galveston DWI Attorney - Seawall DWI Blood Test Arrests

Galveston DWI Attorney - Seawall DWI Blood Test Arrests



DWI First - Blood Test


If you have been arrested for a DWI in Galveston Seawall, Galveston County, or the nearby areas and the police took a blood sample, contact us now to arrange a free consultation.


Can you challenge a DWI with a blood test?


There is no such thing as a straightforward criminal case. You can still contest DWI charges even if the police have obtained a sample of your blood. An experienced DWI attorney in Galveston Seawall, Galveston County, can assist you in fighting a DWI arrest, whether you consented to a blood test or the police obtained your blood with a warrant.


How can you contest a blood test?


- The traffic stop lacked reasonable suspicion.

- The officer did not have probable cause to detain you for a DWI investigation.

- Consent for the blood test was coerced by the officer.

- The blood warrant was issued without probable cause.

- The blood sample was taken in an unclean facility.

- The equipment used to test the sample was malfunctioning.

- The equipment used was not certified.

- The blood sample was not properly refrigerated.

- The blood was not drawn in the appropriate grey top forensic tube.

- The hospital blood result was not converted to whole blood.


Disconnect Theory


People rely on what they see and hear. If you do not appear intoxicated in the officer's body or dash camera footage, but your blood result is significantly over the legal limit, there is a discrepancy between what is shown on video and the lab report. A skilled lawyer can explain how issues with blood testing procedures, including vial integrity, transportation, and lab refrigeration, can affect the final blood result. Jury members must believe in the blood result beyond a reasonable doubt to convict you of a DWI based on the legal limit of 0.08. When there is a discrepancy between the video evidence and the lab report, it indicates potential problems with the government's evidence.


How does blood alcohol testing work?


When an officer decides to arrest you for DWI, the law requires them to read you a document called the DIC-24, explaining the consequences for your driver's license if you refuse to provide a breath or blood sample. The officer will request a sample of your blood, and if you consent, you will be taken to a hospital or jail facility for the blood draw. In Galveston County DWI cases, officers typically transport individuals to a hospital. On Friday and Saturday nights, and during special occasions like holidays, a nurse is available at the Galveston County jail, and a member of the vehicular crimes team will video record the blood draw. The process generally follows this path:


- Arrest

- Transportation to a Hospital or Jail Facility

- Two grey top blood vials filled by a nurse or phlebotomist

- Blood vials sealed in a package

- Typically no refrigeration

- Mailed to a laboratory

- Refrigerated for the first time

- Sample extracted and placed in a new container

- Sample run in a Gas Chromatograph with approximately 50 other samples simultaneously

- Computer-generated number based on the gas above the blood inside the sample tube

- Analyst issues Lab Report


This process can take anywhere from 1 to 12 months to complete!


How do you contest a DWI with a blood test?


Successfully contesting a DWI with a blood test requires a lawyer experienced in trial strategies and negotiation with Texas state prosecutors. The first step is to challenge the initial reason for the traffic stop. Perhaps the officer's body camera or dash camera footage contradicts the written report? Having a lawyer meticulously review all the evidence is crucial. There are many steps the State of Texas must follow to secure a conviction in a DWI case, even one involving blood evidence. Your lawyer can help you object at each phase and identify any issues that may have occurred during the collection and testing of your blood sample. In some cases, blood samples even turn green during storage at a DPS facility. DPS lab analysts do not discard these samples; they issue lab reports and have testified in court that this procedure is acceptable.


What are the penalties for a DWI with a Blood test?


A DWI with a blood test result between 0.08 and 0.14999 is a Class B Misdemeanor, carrying a maximum penalty of 180 days in jail and a $2,000 fine.


If the blood test result is 0.15 or higher, it is a Class A misdemeanor, punishable by up to 365 days in jail and a $4,000 fine.


A state traffic fine may also be imposed: $3,000 for first-time DWI offenders and $6,000 if the test result was 0.15 or higher.


This blog post is for informational and educational purposes only.

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