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DWI Blood & Breath Tests

Solid Defense from a Sugar Land DWI Lawyer

While many think of blood and breath tests as being accurate, there are actually many factors that can lead to incorrect test results. At Stornello Law Firm, P.C., our Sugar Land DWI attorneys have in-depth knowledge about how to effectively challenge DWI evidence, including results from blood and breath tests. With the help of our legal team, you might be able to avoid a DWI conviction.

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How Do Chemical Tests Affect DWI Cases?

Blood tests and breath tests are forms of chemical testing that are used to determine whether individuals were driving while intoxicated. After being pulled over by a law enforcement officer for suspected drunk driving, the driver will usually be required to blow into a portable breathalyzer.

This device gives a reading of the driver's blood alcohol concentration (BAC), allowing the officer to determine whether the BAC is at or above the legal limit. If the driver is arrested, he or she will likely be required to submit to additional breath testing and/or a blood testing at the station. For drivers who are suspected of driving while intoxicated by drugs, blood tests are used since breath tests do not work in the same way for these types of cases.

Problems that Can Lead to False Test Results

There are strict protocols that must be followed when administering blood and breath tests and analyzing the results. When law enforcement officers and medical personnel do not follow all of these requirements, they can end up compromising the validity of these tests.

Common problems with breath tests include the failure to properly maintain or calibrate the testing equipment, mechanical errors in breathalyzer devices, the failure to obtain a sufficient breath sample or higher readings triggered by certain products used by the test taker (such as cough medicine). For blood tests, common problems include mistakes made while drawing blood, improper storage of blood samples, failure to test the blood sample in a timely manner and blood sample mix-ups. A knowledgeable criminal defense attorney in Sugar Land can help you determine what types of defenses you may be able to use in your case.

Harsher Penalties for Refusing a Blood or Breath Test

Texas drivers should be aware that refusing to take a chemical test (including blood tests, breath tests and urine tests) after being arrested can result in harsher penalties. While field sobriety tests are not mandatory, refusal to take a chemical test after an arrest for alleged DWI will result in automatic driver's license suspensions for at least 180 days. Furthermore, such refusals are admissible in court in subsequent prosecution. In some cases, the law enforcement officer can even obtain a warrant to force an arrested individual to submit to a chemical test.

If you are facing charges for alleged DWI in Fort Bend, make sure you get the legal help you need. Do not hesitate to contact our team at Stornello Law Firm, P.C. and schedule a free case evaluation!

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