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Not All Breath And Blood Tests Are Accurate

Breath and blood tests have issues in every legal jurisdiction. There are frequent problems with accuracy, and the test results can be challenged on several possible levels. If you have been arrested on suspicion of an alcohol DWI/DUI or a drug DWI/DUI, we will closely examine blood test results, how the blood sample was collected and how it was examined in the lab. We can also challenge the results if the blood draw was taken without a warrant. Drugs cannot be tested for through a breath test, so it is not an element in DWI for drugs cases.

In DWI cases involving alleged alcohol intoxication, your attorney will also carefully examine how the test was conducted, the maintenance of the breath test machine and the results. In most cases, a breath test will be administered from a hand-held device on the roadside and from a different machine at the police station because the results of the hand-held device are often not accurate enough to stand up in court. There is potential for faulty test results to be collected from both machines, and these can be challenged in court.

Aggressive Defense In DWI/DUI Cases Throughout The Houston Area

From offices in Angleton and Pearland, our attorneys review breath and blood tests collected in cases that we handle throughout Greater Houston with sharp eyes. We can build an entire defense based on challengeable test results in some cases. A faulty test result could get an entire case dismissed.

A DWI charge puts your well-being and numerous personal freedoms in peril. If you are convicted, you face jail time, heavy fines, a permanent criminal record, loss of driving privileges, probation and numerous lost opportunities, potentially affecting your job, education and ability to obtain loans.

Need legal help in Texas?

Be it family law, divorce, criminal defense, or personal injury — our Texas family law attorneys are here to help. We are results-driven, and we work tirelessly for our clients.

Our Houston family law and divorce attorneys have been providing compassionate and personalized legal services in Texas. Scott M. Brown is a certified family law specialist by the Texas Board of Legal Specialization.

Your Rights Involving Breath And Blood Tests

You do have the right to refuse both the breath test and the blood test, just as you may refuse to take field sobriety tests, but doing so will likely result in arrest, license suspension and an administrative license revocation (ALR) hearing, at which your license will either remain suspended or be reinstated on a temporary basis. Because your ability to drive likely affects your everyday life in numerous ways, it pays to have an experienced DWI defense lawyer representing you at an ALR hearing and throughout the legal process.

Currently, Texas law allows for mandatory blood draws and testing under the state’s implied consent law for anyone who operates a motor vehicle in Texas, but the law is being challenged. We will do everything in our power to challenge the result in your case.

You Deserve Strong Defense | Call Scott M. Brown & Associates

Contact us today at 979-849-8526. All conversations are confidential, and we offer affordable rates.

Texas Family Law Attorney

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(979) 652-5246