Challenging a Blood Alcohol Test in Texas
If you have been stopped under suspicion of DWI and submitted to a breathalyzer test, you can ask to have a blood alcohol test done to refute the breath test's findings. Even if the blood alcohol test indicates that you exceeded the legal blood alcohol level, you can still challenge those findings in court. Prosecutors must demonstrate in court that the blood alcohol test was properly administered and that there were no reasonable opportunities for the sample to be tainted after it was drawn. You want an experienced attorney who knows and understands the law and the legal process and who has successfully represented others in similar situations to guide you through this process.
At Bailey & Galyen, our attorneys have provided comprehensive DWI counsel to people in Texas for decades. We understand the intricate details of a DWI prosecution and know how and when to challenge findings, assertions or evidence. We built our practice on a commitment to communication, taking the time to carefully listen to the details of your case so we can develop the best strategy to minimize your charge's consequences. We will keep you fully updated on developments in your case and your options so that you can make informed decisions that protect your rights.
To schedule a free initial consultation, contact our offices by email or call us at 844-402-2992 or .
Contesting a Blood Alcohol Test in Texas
Errors related to allegations of drinking and driving frequently occur in blood alcohol tests. The lab can mislabel blood samples or allow the test samples to leave their chain of custody, where results can be compromised. In addition, certain testing facilities can test "blood serum" instead of whole blood, leading to a significantly higher blood alcohol level. Blood alcohol tests can also produce misleading or false conclusions if you already take medicines for conditions such as diabetes, ulcers, or asthma, or for other illness or injury.
We understand how blood alcohol tests are supposed to be conducted and can quickly determine if police, lab technicians or others have improperly performed the test. We can also verify the chain of custody on blood samples. If steps were taken that bring the validity of the test into question, we will move to exclude any evidence related to that blood test and seek dismissal of the charges if appropriate.