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  • Writer's pictureBrian Foley

Walker County DWI Attorney - How do you win a DWI case in Texas?

Walker County DWI Attorney - Brian Foley - Board Certified in Criminal Law

If you were arrested for a DWI in Walker County or Huntsville Texas, or the surrounding area, and your blood was collected by the police, contact us today to arrange a complimentary consultation.

Is it possible to win a DWI case with a blood test? A criminal case is never open and shut. Even if the police have taken a sample of your blood, you can still fight a DWI charge. In Walker County and Huntsville, a skilled DWI attorney can help you challenge a DWI arrest if you consented to a blood test or the police took your blood after obtaining a warrant.

What are the methods to challenge a blood test? There are several ways to challenge a blood test in a DWI case, including:

  • There was no reasonable suspicion for the traffic stop

  • There was no probable cause to detain for a DWI investigation

  • The officer coerced your consent

  • The blood warrant lacked probable cause

  • The sample was taken in an unsanitary environment

  • The equipment used to test the sample was malfunctioning or uncertified

  • The blood sample was not properly refrigerated or drawn in the correct forensic tube

The Disconnect Theory

People tend to trust what they see and hear. If you do not appear to be intoxicated in the officer's body or dash camera video, but your blood test results are above the legal limit, there is a disconnect between the visual evidence and the laboratory report. A good attorney can explain how issues with blood testing procedures, such as blood vial integrity, transportation, and laboratory refrigeration, can influence the final blood result. To convict you of a DWI under the legal standard of 0.08, the jury must believe in the blood result beyond a reasonable doubt. When there is a disconnect between what they see on video and what is written in the lab report, the government's evidence is usually flawed.

How does blood alcohol testing work? When an officer decides to arrest you for DWI, he must read you a document called the DIC-24, which explains the consequences of refusing to provide a breath or blood sample. The officer will request a sample of your blood, and if you consent, he will take you to a hospital or jail facility to obtain a sample of your blood. In Montgomery County DWI cases, the officer typically transports you to a hospital. On Fridays and Saturdays, as well as on special occasions like holidays, a nurse works at the Montgomery County jail, and a member of the vehicular crimes team records the blood draw. The procedure usually follows this pattern:

  • Arrest

  • Transportation to a Hospital or Jail Facility

  • A nurse or phlebotomist fills two grey top blood vials

  • Blood vials are sealed in a package

  • Typically, no refrigeration

  • Mailed to a laboratory

  • Refrigerated for the first time

  • Sample extracted and placed in new container

  • Sample run in Gas Chromatograph with about 50 other samples at the same time

  • 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 to win a DWI case with a blood test? (Video Here)

To successfully fight a DWI charge with a blood test, you will need the assistance of a skilled lawyer who is adept at both negotiating with prosecutors and devising effective trial strategies. The first step in the process is to challenge the underlying basis for the traffic stop in your case. This may involve carefully scrutinizing the evidence, such as body camera or dash camera footage, to uncover discrepancies between what is shown and what is reported. Your lawyer will play a crucial role in helping you navigate the many legal requirements and hurdles that the State of Texas must overcome in order to secure a conviction in a DWI case involving blood evidence. They will work to challenge the collection and testing of your blood sample at every stage of the process, including exposing any potential problems or issues that may have arisen during storage and analysis of the sample. For example, some samples may turn green during storage at a DPS facility, but even in such cases, lab analysts may still issue reports and testify in court that the procedure is acceptable.

Brian Foley was a member of the vehicular crimes team specializing in DWI cases


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For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.

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