DWI testing typically takes place after a police officer has pulled you over under suspicion of DWI--driving while intoxicated. If you are taking part in a traffic stop and the officer wants to test your motor skills, chances are they’re already looking for a reason to take you to jail. For citizens who are trying to avoid being convicted of a DWI, this can be an extremely hard situation to navigate. Most of us genuinely want to be compliant with law enforcement, but it is never wise to give the police the ammunition they need to arrest you and tarnish your reputation.
According to Texas Transportation Code § 724.011, a person arrested for an offense related to operating a motor vehicle in a public place while intoxicated is deemed to have consented to submit to the taking of one (1) or more specimens of breath or blood for chemical analysis.
● DWI Test Refusal
● Contesting Blood Alcohol Tests
● Collection and Submission
● Intoxilyzer 5000
● DWI Urine Test
● Drug Recognition Expert
● Field Sobriety Tests
While you have the right to refuse a breathalyzer test, it will come with virtually immediate consequences. First, your license will be under immediate state suspension, and furthermore, you’ll be taken to jail for a blood test, typically drawn by force. Though you may not consent to having your blood drawn, police officers are able to quickly receive signed warrants from judges that allow them to forcefully proceed with a blood test.
Administrative license suspension includes an immediate 180-day license suspension for the driver. When the office presents you with the field sobriety testing, you can say no, but there are many more problems to face. Not only will you have to deal with a suspended license, but even if you and your lawyer overturn your case, in many circumstances, your suspension will not be alleviated. This is simply yet another reason why individuals should be taking their DWI troubles seriously; failure to do so can lead to lost money and an inability to drive independently.
DWI tests are not always accurate, and if you’re trying to fight yours, you need to hire a Tarrant County DWI lawyer as quickly as possible. The Law Offices of Richard C. McConathy have everything you need to take your case to the highest level and reach a favorable outcome. Don’t hesitate to dial our number and speak to a legal expert today. We provide free, no-obligation phone consultations in hopes of better understanding your case and how exactly we can help you. Let’s start now to build your strong, robust defense.
Contrary to popular belief, blood tests are not always conclusive, and if they are not conducted correctly, their ability to be used as evidence in court is drastically diminished. Many blood tests have been excluded from trials due to unsanitary environments, improper testing, and the contamination of samples.
Mishandling of samples is one of the most common reasons blood evidence is suppressed during DWI trials. Blood specimens are meant to be stored and sealed immediately after being drawn, and they are not meant to be handled by multiple people. Failure to properly seal and handle a blood specimen can result in its results being excluded from the court of law.
There are even more reasons why blood and breathalyzer tests are not always able to be used as conclusive evidence in a court of law. It’s common to think that these are flawless methods used to measure the BAC of a Texas driver, but there are many deficiencies that come along with blood tests and breathalyzers.
In addition to breathalyzer testing, blood testing is not perfect, either. In some cases, they are administered by individuals who are not experienced in this incredibly serious medical procedure. Other times, the blood test won’t be conducted in a sanitary environment, causing contaminants to take over your specimen.
Are you currently worried about your DWI charge but you think your breath or blood test may have been mishandled? If so, time is of the essence. You need to align yourself with a lawyer immediately, and The Law Offices of Richard C. McConathy have the firepower you need to build a sturdy case against the prosecution.
Field sobriety tests can help measure impairment at times, but for the most part, it is up to the officer’s opinion whether or not they want to take you to jail. Many people with nystagmus fail the portion of the test where the police officer waves their finger in the area. Furthermore, if you’ve recently experienced foot injury, or you’re just dealing with a cramp or slight numbness, it will be extremely difficult for you to walk in a straight line.
While urine tests are somewhat less common for DWI cases, they are still used every so often. At times, officers will be under the impression that drivers are under the influence of drugs or other controlled substances. When this happens, urinalysis tends to be implemented. While it is sometimes considered less reliable than some of the other testing done to check the human body for drugs and alcohol, it is much less intrusive for the driver.
A quality lawyer such as Richard C. McConathy will look at your case from all angles to ensure you’re getting the most out of your legal services. You deserve lawyers with the utmost attention to detail, and this is exactly what we do best. We inspect the events and factors surrounding your case, including the last time your officer’s breathalyzer was cleaned and calculated.
If you’ve been arrested or charged with DWI after failing a field sobriety test, it is imperative that you call a DWI lawyer as soon as possible. And with decades of experience helping countless Tarrant County citizens reach favorable outcomes for their DWI cases, you can count on The Law Offices of Richard C. McConathy to help you through your tough time. Call today to receive a free, no-obligation consultation from one of our in-house legal experts.