How to Challenge Breathalyzer and Blood Test Results in Texas DWI Cases

How to Challenge Breathalyzer and Blood Test Results in Texas DWI Cases

If you’re facing a DWI charge in Texas, one of the most critical aspects of your defense will revolve around the breathalyzer and blood test results that constitute the primary evidence against you. As a seasoned Galveston DWI attorney at Mark Diaz & Associates, I understand the anxiety and confusion that comes with being charged with a DWI. Knowing how to challenge these test results effectively can significantly impact the outcome of your case, potentially leading to a more favorable result. In this discussion, I’ll walk you through various strategies and considerations that could play a crucial role in contesting the results provided by breathalyzer and blood tests.

Understanding The Significance Of Test Results

In Texas, as in many states, driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher is illegal. The results from breathalyzer and blood tests are typically the cornerstone of the prosecution’s case, purportedly showing that you were over the legal limit. However, these tests are not infallible. Challenging their accuracy and the manner in which they were administered can form a strong defense.

Common Grounds For Challenging Test Results

1. Device Calibration and Maintenance – One of the first areas to scrutinize is whether the breathalyzer used was properly calibrated and maintained. Texas law requires that these devices undergo regular maintenance and calibration checks to ensure accuracy. Failure to adhere to these requirements can render test results unreliable.

2. Operator Error – The accuracy of a breathalyzer test also depends significantly on the operator’s competence. Errors in administration, from improper timing to incorrect handling, can significantly affect the outcome. Demonstrating operator error can be a pivotal part of your defense.

3. Physiological and Environmental Factors – Various physiological and environmental factors can skew breathalyzer results. For instance, diets, medical conditions such as GERD (Gastroesophageal Reflux Disease), or even the use of certain mouthwashes containing alcohol can lead to falsely high readings. Similarly, the presence of certain chemicals or fumes in the environment where the test was conducted could impact results.

4. Blood Test Contamination and Mishandling – When it comes to blood tests, the potential for contamination or mishandling is significant. From the moment the blood is drawn to its storage and analysis, strict protocols must be followed. Any deviation from these protocols can contaminate the sample, leading to inaccurate results.

5. Chain of Custody Issues – For evidence to be considered reliable in court, the chain of custody must be clear and uninterrupted. If there are any lapses or ambiguities in how the blood sample was handled or stored, its integrity can be effectively challenged.

Developing A Defense Strategy

Building a defense against flawed test results involves a meticulous examination of the technical details and the procedures followed during your arrest and testing. As your attorney, my approach includes:

Reviewing all procedural documentation – Ensuring that all legal and procedural requirements were met during your testing and arrest.

Consulting scientific experts – Working with forensic toxicologists and other experts who can testify about irregularities in your test results and the potential for error.

Gathering supplementary evidence – This might include video footage from the arrest or witness statements that can support claims of procedural errors or contest the state’s version of events.

FAQs About Challenging DWI Test Results In Texas

How accurate are breathalyzer tests?

Breathalyzer tests can be influenced by various factors, including the device’s calibration, the operator’s handling, and external influences. They are not foolproof.

Can medical conditions affect breathalyzer results?

Yes, medical conditions like GERD, diabetes, and even certain diets can lead to falsely high BAC readings on a breathalyzer.

What should I do if I think my blood test was mishandled?

If you suspect any mishandling or contamination of your blood sample, it’s essential to convey this to your attorney, who can investigate and potentially use it as a part of your defense.

Is it possible to get a DWI charge dismissed?

Yes, if the evidence against you, including test results, can be effectively challenged or if procedural errors are proven, it is possible to have DWI charges reduced or even dismissed. This possibility should give you hope and encourage you to explore all available defense strategies.

How quickly should I contact an attorney after a DWI arrest?

It is advisable to contact an attorney as soon as possible after your arrest to ensure that your rights are protected throughout the legal process and to allow your attorney adequate time to build a strong defense.

Do I have the right to refuse a breathalyzer or blood test in Texas?

In Texas, you do have the right to refuse a breathalyzer or blood test, but this refusal comes with consequences. Under Texas’s implied consent law, refusal can lead to automatic suspension of your driver’s license and can also be used against you in court. However, in some cases, refusal might prevent the provision of direct evidence of intoxication, which could influence the approach and strategy of your defense.

What happens if the breathalyzer was not calibrated properly?

Suppose it can be demonstrated that the breathalyzer was not calibrated according to the required standards and schedules. In that case, the results of the test may be deemed unreliable and thus inadmissible in court. This requires detailed legal and technical challenges that your attorney can manage by scrutinizing maintenance records and calibration logs.

Can errors in the blood testing process really affect the outcome of a DWI case?

Errors in the blood testing process can significantly affect the reliability of the evidence presented in a DWI case. This can include but is not limited to contamination, improper handling, and issues with the chain of custody. Each of these factors can be grounds to challenge the admissibility of the blood test results, potentially leading to a more favorable outcome for your case.

An expert witness, such as a forensic toxicologist, can play a crucial role in your defense against a DWI charge by providing testimony on the potential inaccuracies and the scientific aspects of the breathalyzer or blood test results. They can offer insights into how various factors might have influenced the test results, thereby casting doubt on the evidence used to support your charges.

How can I ensure the best outcome in my DWI case?

The best way to ensure a favorable outcome in your DWI case is to work with a knowledgeable and experienced DWI attorney who understands the complexities of DWI law and the science behind intoxication testing. An attorney can help develop a comprehensive defense strategy, including challenging the reliability of breathalyzer and blood test results.

What if I was on medication at the time of the DWI test?

Medications can sometimes interfere with breathalyzer tests, producing false positives. If you were on medication at the time of your test, it’s important to inform your attorney. This information can be crucial in building a defense, as your lawyer may need to provide evidence or expert testimony regarding the effects of your medication on the breathalyzer results.

What should I do immediately after a DWI arrest in Texas?

Immediately after a DWI arrest, it is crucial to remember your rights. You have the right to remain silent and the right to an attorney. Avoid discussing the details of your case with the police without your attorney present. Politely decline to answer questions until you have legal representation. Contact a DWI attorney as soon as possible to begin forming your defense, especially before any court appearances.

Can a DWI conviction be expunged from my record in Texas?

In Texas, a DWI conviction cannot typically be expunged from your record unless the charge was dismissed or you were acquitted. Texas law is quite strict on this matter. However, in some cases, you may be eligible for a nondisclosure order after a certain period, which can seal your record from public view under specific circumstances.

How long do DWI penalties affect my driving record in Texas?

A DWI conviction in Texas can have long-lasting effects on your driving record. Generally, a DWI remains on your driving record for life. This can impact your insurance rates and has potential implications for employment, especially if your job requires driving.

Are there alternative penalties for first-time DWI offenders in Texas?

First-time DWI offenders in Texas may have options for lighter or alternative penalties, depending on the specifics of their case and judicial discretion. These can include probation, community service, mandatory alcohol education programs, and the installation of an ignition interlock device on their vehicle. Each case is unique, so it’s important to discuss your situation with a knowledgeable DWI attorney who can guide you on the best course of action.

Does having a passenger in the vehicle affect the severity of a DWI charge?

Yes, having a passenger, particularly a minor (someone under the age of 15), in the vehicle at the time of a DWI arrest can increase the severity of the charges in Texas. This situation can lead to additional charges, such as child endangerment, which carry heavier penalties and more significant consequences.

Contact Our Galveston DWI Attorney To Receive Your Free Consultation

If you find yourself facing a DWI charge in Texas and have concerns about the validity of your breathalyzer or blood test results, don’t hesitate to seek legal guidance. At Mark Diaz & Associates, we are committed to defending your legal rights and ensuring that all evidence against you is scrutinized thoroughly. With our experience and dedicated approach, we aim to achieve the best possible outcome for your case. Call our Galveston DWI attorney at Mark Diaz & Associates at 409-515-6170 to receive your free consultation and start building a solid defense with a team that stands for justice and fairness.