Of the available chemical tests for determining whether or not a driver is intoxicated, the driving while intoxicated (DWI) blood test is generally the most reliable. However, the reliability of these tests are not concrete, nor does the fact that the test is reliable mean an automatic conviction in Georgetown for a blood alcohol concentration (BAC) level that is over the legal limit – or blood that tests positive for drugs.
Texas law mandates that certain procedures must be followed for a DWI suspect’s rights to be respected and for the blood test results to be admissible as evidence. It is always best to refuse to submit to such DWI blood tests being taken, but if you did submit or were forced to submit, these procedures may assist a skilled and experienced Williamson County DWI defense lawyer with fighting against the results being used.
Georgetown DWI Blood Test Defense Attorney
When it comes to DWI blood tests in Texas, a positive result for a BAC over the legal limit doesn’t mean you have no defense for such evidence. If you have recently faced a DWI blood test in Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto, or the surrounding areas, contact Law Office of Price & Wiggins, P.C. as soon as possible during or after your arrest to immediately begin your defense.
Michael J. Price is a skilled and knowledgeable Georgetown DWI defense lawyer with over two decades of experience defending clients like you. He will use every defense possible to fight for dismissal of your DWI blood test evidence and your DWI case as a whole. To find out more about what Law Office of Price & Wiggins, P.C. can do for your Williamson County area DWI case involving a blood test, call (512) 354-1880 today and schedule your free initial case consultation.
Texas Law and DUI Blood Tests
When it comes to blood testing for DWI in Texas, there are several statutes that pertain to the process. The implied consent law for Texas is located in Tex. Transp. Code Ann. § 724.011, and states that any person arrested for a DWI offense is considered to have already given his or her consent to have his or her blood or breath chemically tested to determine the presence of alcohol or drugs.
However, under Tex. Transp. Code Ann. § 724.013, you can still refuse a DWI blood test. This will result in an administrative license suspension and your refusal being admitted to court as evidence, but the prosecution will not have your blood alcohol content (BAC) as evidence in their DWI case against you.
Your experienced Georgetown DWI defense attorney can fight against the refusal evidence and the administrative license suspension. Law enforcement officers are not allowed to forcibly take blood for a BAC DWI test with or without refusal unless one or more of the following circumstances from Tex. Transp. Code Ann. § 724.012 apply:
- DWI suspect was driver of a vehicle involved in accident and the arresting officer reasonably believes that another individual suffered serious bodily injury
- DWI suspect was driver of a vehicle involved in accident and the arresting officer reasonably believes that another individual was taken to a medical facility for treatment of a serious bodily injury caused by the accident
- DWI suspect was driver of a vehicle involved in accident and the arresting officer reasonably believes that a person has died or will die from the accident
- Arresting officer has reason to believe that DWI suspect has previously been convicted of or placed on probation for DWI with child passenger, intoxication assault, or intoxication manslaughter
- Arresting officer has reason to believe that DWI suspect has previously been convicted of or placed on probation for two or more previous DWI offenses
- DWI suspect had child under 15 years old in the vehicle
The statute that governs the procedure under which the blood test must be taken, whether the DWI test is consented to or required, is Tex. Transp. Code Ann. § 724.017. Under this law, the DWI blood sample must be taken in a sanitary place and only by a physician, nurse, technician, or other qualified medical professional. The next two laws, § 724.018 and § 724.019, requires full information from the test to be release to the defendant or the defendant’s attorney and for a second test to be conducted within two hours of arrest if the DWI suspect requests it.
If any of these laws or procedures are violated, or any other complications occur, while your Williamson County DWI blood test is being administered, you may have a defense case against the results being admitted as evidence. An experienced Georgetown DWI defense lawyer can look for any discrepancies and expose them in order to fight for a dismissal of your DWI blood test results as evidence.
DWI Blood Testing Defenses in Georgetown
Though blood testing for DWI BAC levels is considered, and often is, more accurate than results from other methods like field sobriety tests or DWI breath tests, a positive test result for being over the legal limit is not always admissible to court as evidence. When the DWI blood test is used to determine the presence of drugs or other intoxicating substances, it is actually only accurate in determining whether the substance is in the bloodstream, not if such a presence is rendering a person intoxicated.
There are many factors affecting whether or not the results of your Georgetown area DWI blood test are considered valid by the court. If certain procedures were not followed, if your rights were violated, or if problems with the test itself occurred, your Williamson County DWI attorney may be able to get the DWI BAC blood test results dismissed. If the following factors are present in your DWI case, your blood test results may be considered inadmissible:
- Unsanitary conditions
- Blood not drawn by specific medical personnel indicated by statute
- Faulty or expired DWI blood testing kit
- Mislabeling of sample
- Inability to definitively determine if sample is yours
- Rubbing alcohol or other inappropriate sanitation agents were used which could contaminate the sample
- Guidelines for the collection, transport, preservation, and storage of DUI blood testing sample were not complied with
- Request for second DWI blood sample analysis was not complied with or denied
- Significant discrepancies between first and requested second DWI blood test
Procedural errors involving a violation of your rights, such as a lack of reasonable cause for forcible draw or failure of the officer to read you your rights, may also interfere with the admissibility of your DWI blood test results in Williamson County area courts. Working with a qualified DWI defense lawyer in Georgetown may ensure these individual factors are found so that your BAC evidence has a greater chance at dismissal, which could also improve your chances at a reduction or dismissal of your entire DWI case.
Law Office of Price & Wiggins, P.C. | DWI Blood Test Defense Lawyer in Williamson County
If you have faced DWI blood testing and refused, consented, or been required to submit anywhere in or around Williamson County, including Round Rock, Georgetown, Cedar Park, Leander, Taylor, and Hutto, contact Law Office of Price & Wiggins, P.C. to immediately begin your defense against the evidence.
Michael J. Price is an experienced criminal defense lawyer in Georgetown who can fight both your DWI blood test results or refusal and your case as a whole. Your first consultation with Law Office of Price & Wiggins, P.C. is free, so call (512) 354-1880 today and schedule yours.