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  • Brian Foley

Conroe DWI Attorney - Can you beat a blood test DWI?

Conroe DWI Attorney - Brian Foley practices in Conroe, Texas and The Woodlands assisting individuals who have been accused of DWI or other matters as a Criminal Defense Attorney.

One question I am asked frequently is, can you beat a DWI with a blood test?

Many people feel trapped by the results of a blood test in a DWI case. I've never seen a criminal case that was "open and shut." A skilled criminal defense attorney can still fight DWI charges if blood results come back with an alcohol concentration of greater than 0.08.

How can you fight a blood test?

The First step in fighting a blood test is to attack the traffic stop and determine if it was supported by reasonable suspicions. Reasonable suspicion is the legal standard which an officer must articulate in order to make a traffic stop in Texas. If the officer has no reasonable suspicion then all of the evidence collected after the initial detention will be thrown out by the judge.

The next avenue of attack will be to challenge whether the officer had probable cause to detain for a DWI investigation. If the officer cannot articulate probable cause to believe that you were driving, or that you were intoxicated at the time of the driving or operation of the vehicle then a lack of probable cause will support the suppression of evidence in a DWI.

If a blood result was obtained without a warrant then there is a chance that consent was coerced by the officer. An analysis of the circumstances and actions taken by the officer before requesting a specimen of your blood could also lead to suppression of blood results.

If an officer obtained a blood sample by executing a blood warrant then the warrant can be attacked on the basis that the affidavit sworn to by the officer lacked probable cause. In reviewing this a judge will be limited to the "four corners" of the affidavit and may not consider extrinsic evidence.

Other examples of attacks on the validity of the sample include:

1. That the sample was taken in an unclean facility.

2. That the instruments used to conducting the tests were not functioning properly at the time of testing.

3. That the instruments used to conduct the tests were not certified by the scientific director of the State of Texas.

4. That the blood sample was not refrigerated properly.

5. That the blood sample was not drawn by a certified technician in the proper grey top forensic tube.

6. That blood samples obtained by a hospital were not converted to whole blood before test results were reported.

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