Refusing and Challenging Blood Alcohol Tests in Texas DWI Cases

Posted by Doug Murphy | Jan 24, 2019 | 0 Comments

For those suspected of driving while impaired in Texas, a field sobriety test or breathalyzer test isn't the only alcohol test a person can face. Officers who believe that a person is driving while impaired by drugs or alcohol can also order a blood sample to be taken to determine whether a person should be charged with DWI.

DWI cases involving blood tests are difficult cases to handle. If you were charged with DWI in Houston and were subjected to a blood test, it's important to obtain the representation you need to defend against your charge to the fullest extent possible.

Can I Refuse to Take a Blood Test in Texas?

Refusal of testing during your arrest comes with hefty consequences. If you refuse to submit to a blood test, your license can be suspended for up to 180 days if this is your first offense of driving while impaired. A subsequent offense can land you with a two-year license suspension. In addition, your refusal to take a blood test can be used against you if you are ever prosecuted for DWI in the future.

In some cases, a person can be forced to undergo a blood test. For example, officers can require testing if an individual suspected of driving while impaired was involved in an accident and a person in the accident died or suffered serious bodily injury.

Attacking the Credibility of a Blood Test in Houston

In DWI cases involving a blood test, the importance of retaining a DWI defense attorney to help fight your case can't be stressed enough. Blood tests are much more difficult to attack than breath tests because of the overall accuracy of blood testing in measuring a person's blood alcohol content (BAC). Nevertheless, attacking the credibility of a blood test is possible with the right knowledge and skill. Reasons for an attack on a blood test include:

  • Blood samples were taken by people who did not have the proper training to administer a blood test;
  • The blood samples were not stored correctly before or after testing;
  • The medical equipment used to conduct the blood test was not properly sterilized; or
  • There are gaps in the records showing how the blood sample got from one place to another after it was drawn.

Charged with DWI in Houston? Call Doug Murphy Today

If you have been charged with driving under the influence in Houston or a surrounding area of Texas and took a blood test during your arrest, the last thing you should do is try to defend against your charge on your own. With the DWI defense team at Doug Murphy Law Firm, P.C.on your side, you don't ever have to. We are determined to provide the top-notch representation you need to defend against your charge.

When it comes to getting the quality legal representation you need to defend against your DWI charge, you can count on Doug Murphy. To speak with a member of our legal team about your charge, fill out an online contact form or call us at (713) 229-8333.

About the Author

Doug Murphy

Doug Murphy is one of only two Texas lawyers Board Certified in Criminal Law by the Texas Board of Legal Specialization, and also in DWI Defense by the National College for DUI Defense, accredited by the American Bar Association and the Texas Board of Legal Specialization.


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