Texas DWI Blood Test Attorney
Most cases where an individual is charged with a DWI in Texas now involved a blood test. The breath test used to be the key item of evidence in Texas DWI cases, but now, that is not always the case. As more people realize that breath tests are unreliable, people are not able to take them. Many Texas police officers are applying for search warrants to draw blood if an individual exercises their right to refuse a chemical test.
A big myth with Texas DWI charges is that blood test results are more reliable than any other chemical test, which is simply not true. There are many things errors that can cause false-positive high BAC results in a blood test. The “No Refusal” policies that exist now cause people to mistakenly believe they are required to give their voluntary consent to have a chemical specimen obtained.
As more and more blood warrants are being issued by judges, you must understand your rights and responsibilities if you are told that the investigating police officer has a search warrant to forcibly draw your blood. You should not refuse to provide a blood sample if the police have a warrant to do so. If you do, it is likely that you will face added charges of resisting arrest or obstruction of justice. Even if the police were able to legally test your blood for a DWI in Texas with a warrant or you offered it to them voluntarily, Texas DWI Defense Attorney Carl David Ceder can challenge and possibly argue one of several defenses against these tests.
Many individuals in Texas accused of DWI often mistakenly believe that a blood test is more accurate than a BAC result based on a DWI breath test. In many instances, nothing could be more untrue. In fact, there are more ways for a DWI blood test to produce false results than there are for a DWI breath machine because there are so many more steps in the process of collecting, storing, analyzing, and reporting such results.
Possible defenses to a DWI blood test include:
Examining proper forensic laboratory set-up and operation. Science requires precision and for everything to be done in accordance to proper procedure and protocol. If the lab which tests blood samples fails to properly operate within the requirements of the proper methodology of science then the results of their conclusions are unreliable, at best.
Improper venipuncture – Before, during and after blood is drawn from your body the phlebotomist must meet medically and legally accepted protocol. The person who draws the blood must be a “qualified technician” according to Texas law. Issues such as incorrect need size, cleansing the site with an incorrect swab, improper site preparation for blood extraction, needle gauge, type of needle used, vacuum tube used for collection and storage, and many additional items must be carefully reviewed and protocol followed strictly to the letter.
Legal aspects of the DWI blood test were compromised. There are specific requirements for what a blood draw kit must contain, including but not limited to ensure that both potassium oxalate and sodium fluoride are inside the vials before a specimen is obtained. The blood test kit used also should have all required components present and used properly. The police officer and the phlebotomist must follow all steps exactly as they are prescribed, including all quality assurance procedures, proper tube usage for collection and storage, as well as the proper packaging, transport, and storage must be adhered to. Careful examination of these items, which all could lead possible “pre-lab” errors, if not followed correctly could lead to falsely elevated high BAC results.
Chain of custody in a criminal case must meet certain legal requirements in order to be admissible in court. One essential element required is the arresting police officer must be able to adequately explain in detail the proper handling of evidence once collected. This requires asking all of the relevant questions behind where was the blood, who was it with, when did this occur, etc. It also involves being able to testify as to everyone in the chain of custody who handled the sample, including who touched it, when did they touch it, what did they do with it, where did they take it, and when did they initially have possession and when did this end.
Lab procedures may not have been followed correctly. To be able to test for a BAC level in blood testing is done through the use of Gas Chromatography. This machine must be examined to ensure it is reliable, properly cleaned, and properly maintained. If the machine cannot be verified, the results the machine produce cannot be verified. Numerous cases throughout the country have shown the fallibility of the DWI blood test machines.
Education and training of the technician who testing blood may have been inadequate. Many of the technicians who test the blood of a DWI in Texas suspect have minimal training on the proper procedures for doing so. Many places throughout Texas have proved to have technicians where it has been discovered how their labs fail to properly train and supervise their technicians. In some cases around the country, it has been proven that lab technicians simply falsified various test results requested by various law enforcement entities resulting in countless false convictions.
Carl David Ceder – Texas DWI Defense Attorney
You will benefit in the following ways by utilizing our legal service team:
Excellent Track Record of Success;
Proven Ability to Obtain Results;
Aggressive DWI Defense strategies;
Membership in associations that focus solely on DWI Defense, such as being a “Founding Member” of the of the
Driving Under The Influence Lawyer’s Association (DUIDLA), and the National College of DUI Defense (NCDD);
Board Certification Specialist in Criminal Law by the Texas Board of Legal Specialization;
Carl has earned the American Chemical Society-Chemistry and Law (ACS-CHAL) Forensic Lawyer-Scientist designation, which is the highest form of scientific recognition available for lawyers. Carl has certificates in Forensic Chromatography: Theory & Practice, Forensic Analysis of Solid Drugs, and Forensic Principles of DUID issued by the American Chemical American Society (ACS) and through Axion Labs in Chicago;
DWI Trial Warrior Award recognized by the Texas Criminal Defense Lawyers Association’s (TCDLA);
Certified NHTSA Standardized Field Sobriety Testing Instructor (which means I am qualified to train police officers on how to conduct a proper DWI investigation);
Certified Intoxilyzer 5000 Technician (which is the evidentiary Breath Testing device used by law enforcement in Texas);
Advanced Training in Horizontal Gaze Nystagmus “HGN” Testing (the “eye” test);
Advanced Drug Recognition Expert (“DRE” ) Training qualified through the “ARIDE” Program (Advanced
Roadside Impaired Driving Enforcement).
Contact Texas DWI Attorney Carl David Ceder today to discuss the circumstances of your DWI blood test case if you were arrested and possibly are facing criminal charges in any area of the Dallas-Fort Worth Metroplex, including Dallas, Plano, Collin County, Tarrant County, Fort Worth, Denton County, Rockwall County. Attorney Carl David Ceder is an experienced DWI Defense Attorney who will thoroughly review the facts and use his knowledge of Texas DWI law and criminal legal procedure to help spot the weaknesses in the ability of the state to prove their case. Carl David Ceder is an aggressive and knowledgeable DWI Defense attorney with a wealth of experience and knowledge on how best to mount a successful defense. If you have been charged with any type of DWI offense anywhere in the Dallas-Fort Worth Metroplex, contact The Law Offices of Carl David Ceder for professional guidance and assistance.
Attorney Carl David Ceder is highly trained and experienced in defending against every type of DWI charge, regardless of the facts or what it is classified as. Attorney Carl David Ceder is a knowledgeable Texas DWI lawyer who will contest the allegations against you in a professional manner, and your case will be handled by a highly experienced and trained DWI Defense attorney. Call The Law Offices of Carl David Ceder You can contact The Law Offices of Carl David Ceder at any time for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394).