Breath Tests & Blood Test Charged With DWI? Protect Your License Before Time Runs Out

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.

Breath Tests

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 This machine is outdated and considered by many to be unreliable.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.

Blood Tests

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.

Our Clients Are Our Biggest Endorsers

Hear What They Have to Say
  • 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.

    A Proven Track Record

    Check Out Our Recent Case Results
    • Dismissed Theft

      Our client was allegedly caught shoplifting at an HEB. She had no prior arrest history, so we worked with her on proactively taking classes, which were used to her advantage during our negotiations. The client accepted a deferred adjudication on the shoplifting offense, which was ultimately dismissed.

    • Case Dismissed Aggravated Robbery

      Our client was accused of robbing another person at gunpoint for some sneakers along with a co-defendant and getaway driver. We investigated the evidence and discovered that it was the co-defendant who arranged for the purchase of the sneakers, and that surveillance video disproved the State’s theory that a gun was brandished or that our client knew what was going on.

    • Dismissed Possession of Controlled Substance

      Our client picked up a prostitute and was later pulled over for failing to signal. The police let the woman go, but found cocaine in the car on the passenger side and charged our client with possession of a controlled substance.

    • Dismissed DWI

      Our client left 6 th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer. The Prosecutor was initially unwilling to negotiate, but we found favorable evidence on the dash cam video, which lead us to question the validity of our client’s consent to take a breathalyzer test.

    • Felony Rejected Pre-Indictment Aggravated Assault with a Deadly Weapon and Interference with a 911 Call

      Our client’s girlfriend’s car was being repossessed. Our client had belongings in the car, including his work equipment and his firearm. Our client attempted to get his belongings out of the car before it was being towed away. The tow driver accused our client of threatening him with the gun our client was retrieving while he was on 911 with the police.

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