Breath and Blood Tests in Texas

Defense from a Houston DWI Attorney

Many people assume that if they made the mistake of taking the breath test, or that a blood sample was taken pursuant to a search warrant, then their case is over because they have no defense. However, that is not always the case. If you have been arrested for a DWI offense based on a breath or blood test, contact my office to discuss your case.

Intoxilyzer 5000

As a highly experienced DWI defense attorney, I know that an improperly maintained breathalyzer will give an inaccurate reading. The Intoxilyzer 5000 or breath test machine is used to measure and determine the blood alcohol content (BAC) of an individual under arrest for DWI. A breathalyzer is not infallible, and the machine is not designed to be completely accurate.

Blood Alcohol Testing

It has become common for law enforcement officers to seize a blood sample during a DWI arrest, especially during "No Refusal" enforcement periods such as weekends and holidays. If you have been arrested for a third offense DWI or DWI with child passenger then the police officer does not need a warrant to take your blood, the blood draw is mandated by statute. An involuntary blood draw without the necessity of a search warrant is also allowed when there has been an accident that resulted in death or serious bodily injury and the officer suspects that the driver was intoxicated and could be charged with intoxication assault or intoxication manslaughter. A search warrant is still required for the police officer to seize an involuntary blood sample in case of a first or second offense DWI.

It is important to remember that you can legally refuse to take a breath test, though it may cost you your license for a certain period of time. A knowledgeable and aggressive Houston DWI lawyer may be able to protect your rights and driving privileges from the beginning by being present at your DMV hearing.

Retain a Hard-Hitting Houston DWI Defense Attorney

In the event that you have been arrested for a DWI after taking a breath test or for denying a breath test, you will most likely require an aggressive defense strategy. Texas' law enforcement officers are often harsh in their pursuit of convicting those accused of drunk driving. Allow me, Attorney Mark Morasch, to step in on your behalf. With a history of successful case results and former experience as a prosecutor, I have represented people dealing with a wide array of charges. I am willing to work with you and I even offer payment plans. Please call my office at 713-got-aDWI today to learn more!

Contact Mark Morasch Today

I Aggressively Defend The Rights Of The Accused Throughout The State Of Texas

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