DWI Blood Test
DWI Blood Test Attorney – Brett A. Podolsky
Here in Texas, a DWI blood test is administered whenever an individual is taken into custody on suspicion of drinking and driving. Although there are stiff penalties associated with declining a blood test, defendants may nonetheless refuse to submit to one under most situations. Upon refusal, an officer may then petition a judge for a warrant to take blood anyway.
There are a few instances in which an officer may take blood without consent, even if a warrant is not obtained first. Chapter 724 of the Texas Transportation Code makes it mandatory for an officer to do this whenever:
- An individual involved in the accident (other than the accused) has suffered serious bodily injury
- The alleged drunk driver had a child passenger in the car
- An individual has a prior conviction for intoxication manslaughter, intoxication assault or DWI with a child passenger
- The accused has two or more prior DWI offenses
In one of these instances, the accused will be taken into custody and be forced to submit to testing, even if he or she must be restrained in order to do so.
Consequences of a Positive DWI Blood Test
If a blood test shows a suspect’s blood alcohol content (BAC) to be .08 or higher, he or she will be charged with driving while intoxicated. This could result in penalties that can include:
- Incarceration time
- Loss of a drivers license
- Mandatory couseling for alcohol or drug abuse
- Community service
- Ignition interlock device
How Accurate are Drinking and Driving Blood Test Results?
Just because an individual tests positive on a drunk driving blood test does not necessarily mean that a conviction is automatic. If proper procedures were not followed when the blood sample was taken, the validity of the blood test results could then be called into question. A drinking and driving blood test attorney will look at the qualifications of the individual who took the test as well as the exact procedures followed in order to see if there were any possible errors. The chain of custody will also be examined closely in order to make sure that samples were not inadvertently switched or contaminated in a police laboratory. Lastly, the blood test lawyer will also make sure that any equipment used was properly maintained and calibrated.
Confer With a Drunk Driving Lawyer in Houston, TX
If you or a loved one had a DWI blood test performed, and the results revealed intoxication, you should speak with a DWI blood test attorney as soon as possible. Brett A. Podolsky will diligently review all the evidence against you to make sure that it is accurate and that your rights were not violated by police officers.
Contact Houston lawyer Brett A. Podolsky today at 713-227-0087 to set up a free consultation and case review.