The Right Lawyer Can Beat DWI Blood Test Results
When police arrest someone on suspicion of driving while intoxicated (DWI), they typically rely on a DWI blood test results to prove that that person was driving with a blood alcohol concentration (BAC) of .08 or higher.
Depending on the circumstances, drivers are submitted to a DWI test, typically a blood test or a breath test. The blood test is less desirable in every way.
Besides being invasive and unpleasant, jurors consider DWI blood test results more reliable and therefore harder to fight in court. However, an experienced DWI defense attorney knows how to challenge the credibility of a DWI blood test and protect your rights and your freedom from flawed science.
Learn how DWI attorneys at Westfall Sellers have helped clients beat unreliable DWI blood test results and contact our team today to discuss how we can help.
DWI tests: Blood tests vs. Breathalyzers
One question we often hear from drivers concerned by their DWI accusations is, “Does a Breathalyzer read higher than a blood test?”
The answer depends on a number of factors. In general, Breathalyzers are a more indirect method of analysis and therefore less reliable than blood draws. In fact, Breathalyzers can register false positives from substances like cologne/perfume, mouthwash, and even food. It is not unheard of for someone to blow incredibly high on the Breathalyzer and then show a lower reading on a blood draw. However, this is often not the case.
Unlike breath analysis, blood draws analyze exact alcohol content at the time of the draw. In fact, because a blood draw captures your BAC in the moment, it can sometimes show a higher BAC than what was shown by the Breathalyzer (because your body will have had more time to absorb the alcohol into the bloodstream). Additionally, blood tests can detect the presence of illegal drugs, something current Breathalyzers are unable to do.
What happens if you refuse a blood test for DWI?
The only way to truly avoid a blood test when a police officer suspects you of DWI is either to pass the field sobriety test with flying colors or consent to breath analysis. While you can refuse a blood test, doing so will likely result in driver’s license suspension due to implied consent laws. Further, a police officer can easily obtain a warrant for a blood draw.
With this in mind, if a police officer suspects you of DWI enough to request that you submit to testing, it is usually in your best interest to agree to a Breathalyzer test. Although you will still be arrested and charged with DWI if you blow above a .08, the results may be easier to dispute and you won’t have to go through the added stress of a forced blood draw.
Fighting DWI blood test results
While fighting DWI blood test results is a challenge, it can be done by a skilled DWI attorney. The DWI lawyers at Westfall Sellers have successfully fought the results of chemical testing and blood draws several times over, and we know what it takes to challenge DWI blood test results in court.
These are just some of the considerations we take to ensure that DWI blood test results aren’t used to unfairly convict you of DWI:
- Timing: In order to be considered valid evidence of intoxication, blood must be drawn in a reasonable amount of time after the initial arrest. Alcohol absorbs through the body gradually, and a blood analysis done hours after the traffic stop cannot accurately reflect your BAC at the time of the stop.
- Contaminated samples: Improper handling of blood samples — such as storing them at the wrong temperature or allowing for cross-contamination — can render a blood sample inadmissible.
- Unqualified techs: Blood samples are highly sensitive and need to be handled only by a qualified lab tech or medical professional. If evidence shows that your blood sample passed through unqualified hands, your DWI lawyer may be able to have the DWI blood test results deemed inadmissible.
- Uncalibrated equipment: Oftentimes, the government labs where the blood samples are tested are overworked and understaffed. This leads to sloppy chemistry and poor analytical results. It’s the garbage-in garbage-out theory. No matter how skilled the analyst, if critical equipment is not calibrated and validated, the reliability of the blood test result is unproven.
Fort Worth DWI attorneys with the experience and knowledge to challenge DWI blood test results
If you’re fighting a charge involving a DWI blood test results, you don’t just need an attorney — you need an attorney with real experience beating DWI charges and disputing the results of blood tests. The Fort Worth DWI lawyers at Westfall Sellers have fought hundreds of DWI charges, including those involving DWI blood tests, and won.
You only have one shot at this. Make it count.
Call 817-928-4222 or contact Westfall Sellers online to schedule your free consultation today and get your case off to the right start.