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.
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!