Drunk Driving Defense in Galveston County, Texas
In most DWI arrests, breath tests are used to gauge the blood alcohol content of drivers who are suspected of being intoxicated. Blood tests can be more accurate than breathalyzers and can also be used to test for the use of marijuana and other drugs. Officers are beginning to use blood tests at a greater rate, but in most cases, a driver must give his or her consent in order for a blood test to be taken.
A blood test may also be taken if an officer gets a search warrant or if you were involved in an accident where someone was injured killed or transported to an emergency medical facility. At my firm, I, Bret Griffin, know what police officers are allowed to do and are not allowed to do during DWI arrests. If blood was taken without consent or if proper procedures were not followed during the gathering of evidence, the evidence may be thrown out and not used against you in your criminal proceeding.
Like field sobriety tests, it is usually in your best interest to refuse to take a blood test when you are given the option, also do not resist but do not acquiesce to claims that a warrant has been obtained. Instead simply sit and be silent. If you have already taken a blood test and were arrested for a DWI, your best defense will be having an experienced lawyer on your side.
Requirements for an Admissible Blood Test
Prosecutors and law enforcement officials must meet certain requirements in order to use a positive blood test in a court of law. It must be proven that:
- You were given the option to take or refuse a blood test by the police officer (unless a warrant had been obtained)
- The blood sample was taken properly by a trained medical person
- All sanitary measures and safety precautions were taken when taking the blood sample
- The blood sample was inspected prior to testing
In many cases, it may be advisable for your attorney to do an independent analysis and re-test the blood sample in order to ensure the lab's accuracy and whether the blood in the sample is actually yours.
Hire a Knowledgeable DWI Attorney in Texas
If you were arrested for a DWI and have had a blood sample taken to prove your intoxication, you still have options for protecting your rights and mounting a tough defense. At my firm, I, Bret Griffin, have represented hundreds of clients charged with DWIs in Galveston County and the state of Texas. Contact my Houston office to make an appointment for a free consultation at 888-889-0926.
