If you or a loved one has been arrested for DWI in Houston or Harris County then there's a high likelihood that your case involved a DWI blood test.  

Can you beat a DWI with a blood test?

The short answer is yes.  We have gotten dismissals on all types of DWIs even blood test cases.  There is no such thing as a perfect case.  When the police collect a sample of your blood many people feel like the case is over.  It is just beginning. 

An experienced Houston DWI lawyer can help you fight a DWI arrest even if you consented to a blood test or a Judge signed a warrant for the police to take your blood.  

How do you fight a DWI blood test case?

The first step in fighting any DWI case is to look to see if the police had reasonable suspicion to support the beginning of their investigation.  A Board Certified Criminal Defense Attorney in Houston, Texas can identify legal issues with the traffic stop or initial investigation.  Brian Foley and Luis Baez are both former prosecutors and have handled thousands of DWI cases.  Let their experience and legal knowledge work for you.  Here are some other ways to beat a DWI with a blood test.
 

• Was the traffic stop not supported by reasonable suspicion?

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

• Was consent for the sample coerced?

• Did the blood warrant lack probable cause?

• Was the blood drawn in an unclean facility?

• Was the Instrument used to test the sample not working properly?

• Was the Instrument used to test the sample not certified.

• Was the blood sample not refrigerated properly.

• Was the blood sample drawn in proper grey top forensic tube.

• If there was a blood draw at a hospital was the hospital blood result converted to whole blood?

Disconnect Theory

People generally believe what they can see and hear for themselves.  If you do not look drunk on the officer's video but your blood alcohol result is well over the legal limit, there is a disconnect between the video and the lab report.  Issues with blood testing procedures, blood vial compromising, transport issues, and laboratory refrigeration can change alcohol result. To be found guilty a jury has to find the blood result to be accurate beyond a reasonable doubt.  The legal standard to be considered intoxicated is 0.08.  If there is a disconnect between the video and the lab report the government's evidence doesn't add up to a conviction. ​ ​​

How does blood alcohol testing work?

When the police decide to arrest someone for DWI then they start by doing the standardized field sobriety tests.  If the officer believes you are intoxicated he will place you under arrest and read you a form called the DIC-24.  This is a government form that explains your right to refuse a blood or breath test and the consequences for refusal.  Typically this consequence is a suspension of your Driver's License.  We may be able to win your driver's license suspension hearing even if you refused to give a sample!

 

Once the officer has explained your rights he will request a blood sample.  If you consent to a blood test he will bring you to either a hospital or the Joint Processing Center in Houston, Texas so that the booking process for arrest and a blood draw can take place.

 

What is a blood warrant?  

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So what happens if you refuse to give a blood sample? What does the government do to take it then?  If you refuse to give a blood sample then the officer can apply for a warrant with a magistrate or other judge to take your blood without your consent. 

 

The blood warrant process is aided by District Attorneys who are on call 24 hours a day at the District Attorney's Intake division.  Brian Foley was a felony Chief Prosecutor in Harris County and helped create the new procedures that they use to manage this intake process. 

 

Once a warrant is secured a nurse or phlebotomist will draw the blood into a grey-top forensic blood tube.  These come in a box with two blood tubes which are filled approximately 3/4 of the way full, re-boxed, and shipped to the laboratory. 

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

A DWI blood test with less than 0.15 alcohol content is a Class B Misdemeanor and has a maximum punishment of 180 days in jail and up to a $2,000 fine. ​ If the test is equal to or greater than 0.15 it is a Class A misdemeanor with a maximum punishment of 365 days in jail and up to a $4,000 fine. ​

 

A State Traffic fine may also be issued in the amount of $3,000 for first time DWI cases and $6,000 with a result of 0.15 or greater.