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Many Texans refuse to submit to a blood or breath test when they are stopped by the police on suspicion of driving while intoxicated (DWI). There’s good reason not to trust the reliability of blood and breath test results. Even if a DWI defendant has already failed a field sobriety test, a competent DWI blood test attorney can challenge the test results in court.
Call the Law Office of Shahin Zamir: 713-223-8900.
The Texas Transportation Code states that obtaining a driver’s license includes an implied consent to provide a breath or blood specimen when a driver is suspected of operating a motor vehicle while under the influence of a drug compound or alcohol. Nevertheless, the driver may refuse to submit to a blood or breath test in most instances. A driver is legally required to provide a breath or blood specimen when felony DWI, driving with a minor child in the vehicle or intoxicated manslaughter is involved.
Unfortunately, poorly administered and mishandled blood and breath tests often lead to wrongful DWI convictions. Drivers have learned that they have a better chance of being cleared of DWI charges by a jury if they refuse to provide a blood or breath specimen. They also know that failing a test will result in an automatic suspension of their driving privileges. A knowledgeable DWI attorney understands that blood and breath test results can be invalidated for any of the following reasons:
A veteran DWI attorney knows how to challenge the evidence, witnesses and chemical test results in a driving while intoxicated case. Mounting a successful defense requires familiarity with Texas DWI laws and test procedures such as the Intoxilyzer 5000 (breath analysis) and head-space gas chromatography (blood analysis). A thorough DWI lawyer will review applicable lab records, expert witness credentials, test equipment manuals and test handling procedures. The prosecution’s evidence will also be evaluated and retested by reliable defense experts.
Anyone who has been arrested for DWI or has submitted to a breath or blood test should consult with an experienced DWI blood test lawyer. A DWI conviction can have serious consequences, including a permanent criminal record, incarceration time, financial penalties, suspension of license, installation of an ignition interlock device and community service. A DWI conviction can also cause a defendant to be ineligible for desirable employment and education programs.
Schedule a free consultation with the Law Office of Shahin Zamir by calling 713-223-8900.