Seven Defenses to DWI Blood Test

With the introduction of the No Refusal Weekend policy the San Antonio DWI attorneys, and Austin DWI attorneys, at the Law Office of Jamie Balagia are seeing an increase in the number of DWI blood test cases.  This page will give you an overview of the issues surrounding DWI blood test cases.  If you have been arrested for a DWI in Texas and your blood was drawn, call our office right now for a free, no obligation consultation with one of our San Antonio, TX DWI attorneys, or Austin, TX DWI attorneys.

Many Texas DWI suspects believe that a Texas DWI blood test is more accurate than a BAC result based on a DWI breath test.  Nothing can be further from the truth.  In fact, there are more ways for a DWI blood test to produce false results than there are for a DWI breath machine because there are so many more steps in the process of collecting, storing, analyzing, and reporting such results.

Some of the best defenses to a DWI blood test include:

  1. Profiling of the forensic laboratory set-up and operation.  Science requires exactitude.  If the lab fails to properly set-up and operate within the requirements of science then the results of their conclusions are unscientific.
  2. Improper venipuncture – Before, during and after blood is drawn from your body the phlebotomist must meet medically and legally accepted protocol.  Things such as, site preparation and blood extraction, needle gauge, type of needle used, vacuum tube used for collection and storage, and much more must be examined to ensure compliance with all health and legal codes.
  3. Legal aspects of the DWI blood test were compromised – there are specific requirements for what a blood draw kit must contain.  The kit used in your case must be evaluated to ensure that all of the required components were present and used properly, the officer and technician followed the kit steps exactly as they are prescribed, the phlebotomist followed the hospital’s quality assurance procedures, the proper tubes were used for collection and storage, as well as the proper packaging, transport, and storage protocols were used.
  4. Chain of evidence – evidence in a criminal case must meet certain legal requirements in order to be admitted in court against you.  One essential element of this is the requirement that police adequately explain the handling of evidence once they collected such evidence.  This requires asking the who, what, where and when questions.  Who touched it, what did they do with it, where did they take it, and when did they have possession?
  5. Lab procedures – testing blood for BAC is done through the use of a Gas Chromatograph.  This machine must be examined to ensure it is reliable, properly cleaned, and properly maintained. If the machine cannot be verified, the results the machine produce cannot be verified.  Numerous cases throughout the country have shown the fallibility of the DWI blood test machines.
  6. Cross-contamination – the machines used to test for the BAC level of DWI suspects are highly susceptible to cross-contamination issues.  These machines are used to test thousands of different blood samples.  If the machine is not properly calibrated and cleaned it is highly likely that the results from the first test of the day will interfere with the test results of every subsequent test that day.
  7. Education and training of the technician who tested your blood – many of the technicians who test the blood of a DWI in Texas suspect have minimal training on the proper procedures for doing so.  Both Houston and Austin have recently had current or former technicians come forward and claim that their labs fail to properly train and supervise their technicians.  In some cases around the country it has been proven that lab technicians simply falsified various test results requested by law enforcement resulting in countless false convictions.

If you were arrested and have been charged based on a DWI blood test you need to understand that blood tests are not infallible.  The San Antonio DWI attorneys and Austin DWI attorneys at our offices understand the science behind DWI blood testing, and how to defend you against this evidence.  Call right now for a free, no obligation consultation.  You only have 15 days to fight the suspension of your driver’s license.  Call right now!

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