When the police stop you on suspicion of driving while intoxicated, it is always scary and stressful. When the police ask you to submit to a blood alcohol test, whether it's a breath test or a blood test, you may not know your best course of action. But resisting arrest or resisting a blood test when the police have a warrant is never a good idea. That's what a Wichita Falls, Texas man recently discovered.
Wichita Falls Suspected DWI
On March 13, 2021, police were called to the scene of a single-vehicle accident after a car ran off the road at Scott Street and 8th Street. The driver then hit several fixtures and stopped about 30 yards away from the first impact. The accident completely removed one wheel from the car. Police reported that the man in the driver's seat seemed disoriented, confused, and got out of the vehicle while it was still running.
The driver then insisted it wasn't his car; he hadn't been driving it and knew nothing about the accident. The police obtained a warrant for a blood draw at a hospital and warned the man he would face another charge if he resisted. The man then told the police to go ahead and charge him because he intended to resist. According to police, the man did resist, and it took two security guards from United Regional to draw the blood.
Blood Tests for DWI in Texas
The police don't need a BAC test to arrest you for drunk driving. They can arrest you simply if they believe you don't have the normal use of your mental or physical faculties. However, a BAC breath or blood test provides a more objective measurement of incapacitation. The legal limit for blood alcohol content (BAC) in Texas is .08% or .04% for a commercial driver's license. A blood test is typically more reliable than a breathalyzer test, but they aren't foolproof.
Some attorneys in Texas won't even handle a DWI case with a blood test-based BAC charge. They see blood tests as infallible in some way when nothing could be further from the truth. A skilled DWI attorney will always look at the entire circumstances of the case to determine the best option to defend a DWI, including challenging:
- The constitutional basis for the blood test,
- How the tech drew the blood,
- The chain of evidence,
- The calibration and maintenance of blood testing equipment,
- Destruction of blood samples, and
- The qualifications and training of the tech drawing or testing the samples.
Hire an Expert Lawyer in DWI Defense
In the case we discussed above, the suspect's record showed this was his sixth DWI arrest in Texas, along with nine arrests for public intoxication, one for an open container violation, and four for assault. While most people won't face such a checkered criminal history with a DWI arrest, the Wichita Falls case reminds us that cooperation is your best choice when facing arrest. If you don't agree with the charges, an experienced Texas DWI attorney can help you fight for justice.
If you're facing a DWI charge, even with a blood test showing a BAC over the legal limit, an expert in DWI defense is your best chance to defend yourself successfully. Attorney Doug Murphy is one of only two attorneys in Texas Board Certified in DWI Defense and Criminal Law. He's handled a wide range of complex DWI cases, including those with BACs over the legal limit. From 2013 to 2021, U.S. News & World Report's list of the “Best Lawyers in America by Woodward White” listed Doug Murphy as one of their “best lawyers.” Doug can help you too. Find out why the Houston press calls him “the drinking driver's best friend.” Call the Doug Murphy Law Firm at 713-229-8333 today to set up a consultation.