Houston DWI Attorney explains how to get a case dismissed even if they took your blood.

Houston DWI Attorneys

Being charged with a DWI (Driving While Intoxicated) can feel overwhelming. If the police took your blood, it might seem like there is no way out. However, I want to reassure you that there are still ways to fight your case and potentially get it dismissed. As a Houston DWI Attorney, I will guide you through the strategies available to challenge the evidence against you.

Let’s explore how you can navigate the legal system and what steps you can take to improve your situation.

Understanding Blood Evidence

When someone is suspected of driving under the influence, law enforcement typically collects a blood sample to check blood alcohol concentration (BAC). While blood tests can seem definitive, they are not perfect. Here are key issues that can undermine their reliability:

1. Chain of Custody Issues: For blood evidence to hold up in court, it must be handled correctly from collection to testing. If there are gaps in this chain, the evidence may be disputed. For example, if a sample is left unsecured or mislabeled, that could weaken the prosecution’s argument.

   
   

2. Improper Testing Procedures: Laboratories must follow exact protocols when testing blood. If these protocols are not strictly adhered to, the results may be inaccurate. In fact, studies show that mismanagement in labs can lead to false positives in up to 5% of cases.

   
   

3. Testing Equipment Errors: Blood testing machines can malfunction. If equipment is not calibrated correctly, it can yield incorrect readings. A review of maintenance records for the machines used can reveal critical errors.

   
   

Legal Strategies for Dismissal

Challenge the Traffic Stop

Your first defense strategy is to question the validity of the traffic stop itself. If law enforcement lacks probable cause for pulling you over, any resulting evidence, including blood tests, may be deemed inadmissible. Key points to explore include:

• Witness Statements: Collect statements from drivers or pedestrians who witnessed the stop. Their perspective could reveal inconsistencies in the officer's account.

  
  

• Dashcam Footage: Check whether the officer’s vehicle had a dashcam. Video evidence can confirm if the stop was justified or not.

  
  

Insufficient Probable Cause

Along with examining the stop, it’s crucial to assess whether the officer had enough reason to identify you as impaired. If their observations are proven to be inaccurate or unjustified, this can weaken the significance of both the stop and the blood evidence.

Procedural Violations

Strict laws guide DWI arrests, and any procedural slip by law enforcement can benefit your case. Consider these violations:

• If the officer did not advise you of your rights before taking a blood sample, that could be a solid basis for dismissal.

• Failing to follow standardized arrest procedures can also impact the court’s view of the case.

  
  

Evaluate the Blood Test Results

Analyzing blood test results can significantly influence your defense. Consult a forensic expert to evaluate these aspects:

• Blood Alcohol Concentration (BAC) Levels: Were the levels reported accurately?

  
  

• Metabolism Rates: Alcohol is processed differently by various individuals. For instance, a person might metabolize alcohol more quickly due to their size or overall health.

  
  

• Interfering Substances: Were there other substances in your blood that could have affected the BAC results? Certain medications can alter test results.

  
  

Working with a Qualified Houston DWI Attorney

Navigating a DWI case, particularly with blood evidence, requires specialized knowledge. A skilled Houston DWI Attorney can help you break down evidence, spot procedural errors, and build a robust defense. They can also assist in negotiating reduced penalties if a total dismissal isn’t achievable.

Importance of Timely Legal Action

It’s crucial to take prompt action after receiving DWI charges. Engaging a DWI attorney as soon as possible enables them to craft a strong defense. In Texas, you have just 15 days to challenge the suspension of your driver's license and pursue other legal options.

Alternative Sentencing Options

If a dismissal is unlikely, a talented attorney can negotiate alternative sentencing options to reduce potential impacts, such as:

• Deferred Adjudication: This option allows you to avoid a conviction after fulfilling specific court requirements, such as probation or community service.

  
  

• Alcohol Education Programs: Completing a program demonstrates responsibility and might result in lowered penalties.

  
  

Final Thoughts

Facing a DWI charge is undoubtedly stressful, especially when presented with complicated evidence like a blood test. However, it’s essential to remember that there are various ways to contest your case. By questioning the legality of the traffic stop and scrutinizing the blood test, you can find potential avenues for dismissal.

Partnering with a knowledgeable Houston DWI Attorney greatly increases your chances of navigating this challenging situation successfully. Acting promptly and strategically can be pivotal. Seek the help you need to achieve the most favorable outcome possible.