DWI Blood And Breath Test Lawyers
In DWI cases, evidence comes in the form of results from a blood or breath test. All too often, this evidence is flawed. In many cases, it was obtained by police in violation of Texas law. In these cases, we will file a motion to suppress with the goal of making that evidence inadmissible. By attacking blood and breath test evidence, we are able to prevent my clients from facing the severe penalties that come with a DWI conviction.
Our founder Mark T. Davis has been handling Texas drunk driving cases since 1993. If you have been accused of DWI, we can put our experience to work for you.
The law allowing police to draw blood to check blood alcohol content (BAC) has been around for a long time. It is definitely not illegal for police to conduct a blood test when they pull someone over for drunk driving. However, they are required to have a warrant in order to take someone’s blood. Many times, they don’t have one.
If blood is drawn without a warrant and without a person’s consent, a violation of that person’s constitutional rights has been committed. This violation can serve as the basis to having blood test evidence thrown out and to getting the DWI case dismissed.
Police don’t need a warrant to conduct a breath test, but there is a procedure that needs to be followed. The test needs to be administered by a certified operator. The Intoxilyzer machine has to have been properly maintained. The test must be conducted following a certified procedure created by the Texas Department of Public Safety. For example, the test subject must be observed for a minimum of 20 minutes prior to taking the test to make certain nothing is done to make the test invalid. In El Paso, rules like these are often ignored by police during DWI traffic stops. When they are, the evidence may be inadmissible. We will make certain to review all of these details when defending you.