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Houston DWI Attorney - Beating a blood Test

Houston DWI Attorney Reveals How to Beat a DWI Blood Test


Facing a DWI charge can be a daunting experience, especially if it involves a blood test result. Many people wonder if it's even possible to beat a DWI case when the evidence appears to be stacked against them. In this article, we will explore the intricacies of DWI cases involving blood tests and uncover the secrets that can help you mount a successful defense.

The Disconnect Theory

One of the most effective strategies in challenging a DWI blood test result is what we call the "disconnect theory." This theory hinges on the idea that there's a significant gap between what the blood test reveals and the observable behavior of the individual during the arrest.

Consider a scenario where an individual's blood test indicates a blood alcohol level far above the legal limit. According to scientific standards like the Dubowski chart, such a high alcohol concentration should result in severe impairment. However, if the video evidence shows the individual maintaining composure, answering questions coherently, and even passing field sobriety tests, a disconnect emerges.

This disconnect between the expected level of impairment and the observed behavior can be a powerful argument in court. It suggests that something may be amiss with the blood test, prompting further scrutiny into the validity of the results.

Attack on the Blood Test

Challenging the blood test itself involves a multifaceted approach. It starts by examining whether the arrest and blood sample collection followed proper procedures. If the arresting officer lacked a valid reason for the initial stop, it could taint the entire case. An illegal traffic stop can render the blood alcohol test inadmissible as "fruit of the poisonous tree."

Additionally, lawyers may scrutinize the sample collection process. The blood sample is preserved in a forensic blood testing tube with specific substances to prevent clotting. Any deviation from the proper handling of the sample, such as compromised seals or clotting, can cast doubt on its reliability.

Testing the Blood

Understanding how the blood is tested is crucial to dismantling a DWI case involving a blood test. In most cases, the blood is not directly tested but rather the air above it within the tube. This approach is rooted in scientific principles like Henry's law, which allows for accurate blood testing without directly extracting the liquid itself.

However, this method is not foolproof, as it can introduce errors, such as carryover, where residual alcohol remains in the testing instrument, potentially inflating the alcohol content readings.

Prosecutorial Inexperience

Here's the dirty little secret about DWI blood test cases in Texas: they are among the most complex cases from both a scientific and evidentiary perspective. Surprisingly, many inexperienced prosecutors handle these cases, giving savvy defense attorneys an advantage.

Experienced criminal defense lawyers are more likely to have a higher number of trials under their belt and are better prepared to challenge the evidence. In contrast, inexperienced prosecutors often struggle to present a compelling case in court. This advantage can be instrumental in securing a favorable outcome.

Punishments for DWI with Blood Test Results

Finally, it's essential to understand the potential punishments for a DWI with a blood test result in Texas. The severity of the penalties depends on the blood alcohol level:

  • Blood alcohol level between 0.08 and 0.15: This is classified as a Class B misdemeanor, carrying a maximum sentence of 180 days in jail and a $2,000 fine.

  • Blood alcohol level above 0.15: This escalates to a Class A misdemeanor with a maximum penalty of one year in jail and a $4,000 fine.


In conclusion, beating a DWI case with a blood test result is entirely possible. The disconnect theory, meticulous scrutiny of the blood test process, understanding the science behind blood testing, and leveraging the inexperience of many prosecutors can all work in your favor. However, it's crucial to act swiftly and hire a competent defense attorney to help you navigate these complex waters. DWI cases are indeed challenging, but with the right legal representation, your chances of success increase significantly.

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