DWI Breath Tests & Blood Tests
San Antonio DWI Attorneys
DWI breath or blood tests are used by law enforcement to gauge your level of intoxication. Their results are then forwarded to the prosecutor to be used against you in court. If you have been arrested for a DWI in or around San Antonio based on a breath or blood test, you should seek immediate legal help from one of our capable attorneys to have your case reviewed.
Call us at (210) 960-9557 today and schedule a free consultation.
At this time, the Intoxilyzer 5000 is the machine used by Texas law enforcement for testing intoxication levels on a DWI suspect. This machine is outdated and considered by many to be unreliable. Many other states have progressed to more advanced equipment but Texas has not.
In a DWI case, the prosecutor must prove beyond a reasonable doubt that your driving was impaired. A breath test measuring .08 or above can provide proof unless your attorney challenges the unreliability of the Intoxilyzer 5000.
Just because you blew above .08 does not necessarily mean that your case is lost. A breath test is only part of the prosecutor’s case. He or she will be obligated to prove to the jury that you drove while intoxicated, which can be a difficult task. Our San Antonio DWI lawyers will fully investigate your case to determine the basis for your traffic stop and whether it was justified. Challenging the breath test will also be part of our defense strategy.
In DWI cases, you have the legal right to refuse a blood test. By doing so, however, you will face an automatic license suspension. Refusing to submit to a blood test can also be used against you in court. You can even refuse to submit to a blood test during a “no-refusal weekend,” in which Texas engages. Once you refuse, law enforcement will have to obtain a warrant from a judge in order to have a blood test administered.
When challenging a blood test’s validity, we ask:
- Was a lawful warrant obtained by law enforcement?
- Was the blood test conducted in a sanitary environment?
- Was a proper chain of custody maintained in regards to the blood?
Our firm can thoroughly investigate all of the factors regarding both breath and blood tests that can negatively affect the prosecution’s case. We know what to look for and how to use what we find when it comes to defending you in a Texas DWI.
Talk to One of our San Antonio DWI Lawyers Today
In any DWI case, it is vital that you hire an attorney who thoroughly understands the legal process and who can show the court the holes in any evidence brought against you. Smith & Vinson Law Firm has the legal and technical knowledge to vigorously fight for you and your future by doing so. We have years of experience assisting Texans in their fight for justice. If you have been arrested for DWI in or around the San Antonio area, do not wait to call and take advantage of our commitment and skills.
Schedule a free consultation about your DWI case by contacting Smith & Vinson Law Firm at (210) 960-9557.
Throughout the whole process, I had the utmost confidence in Mr. Smith and his work. the goal when we first met was to "get the DWI dismissed" and that is exactly what happened.- Ronald D.
Cases Rejected Pre-Indictment Three Counts of Aggravated Assault of a Deadly Weapon
Our client was sitting on his balcony when he saw his neighbors in the parking lot mistreating an animal. He told them to stop, and the threatened him. He went inside to retrieve his firearm, but he never threatened the neighbors back.
Charges Rejected Assault Bodily Injury Family Violence
Our client explained to us that they hadn’t lived in the Country for that long and his wife had called police as a way to resolve a non-physical dispute they had. Police arrived and immediately noticed bruising that they tried to pin on Our Client as well as other marks.
Case Dismissed/Charges Reduced DWI With Child Passenger - Felony
Our client was accused of being intoxicated while having her 8 year old in the vehicle with her, a third degree felony in Texas. To make matters worse the investigation had been initiated after our client had crashed into two parked cars and the first thing officers noticed were the two previous DWI’s our client had.
Motion to Suppress Granted; Case Dismissed DWI 2nd .209
Our client was charged with Driving While Intoxicated – 2nd Offense with a BAC of .209. The police pulled our client over for allegedly crossing over lane lines and causing another car to swerve out of the way. We challenged the legality of the police’s warrantless stop of our client with a Motion to Suppress Evidence and had a contested hearing wherein the Officer testified.
No Charges Filed Sexual Assault Investigation
Our client was a UT student who was accused of sexual assault. He came to our firm extremely scared about his future both with the university and within the criminal justice system. With our firm's help, he was able to show that his accuser was not credible. Smith and Vinson put together a defense that law enforcement recognized as credible evidence of his innocence and not to file charges which changed the course of our client's life.