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 This machine is outdated and considered by many to be unreliable.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.
Frequently Asked Questions About DWI Breath and Blood Tests
Understanding the complexities surrounding DWI breath and blood tests is crucial for anyone facing charges related to intoxicated driving. Many individuals have questions regarding the procedures, rights, and implications of these tests. Below are some common inquiries that can shed light on what to expect and how to navigate these challenging circumstances. Our team of experienced San Antonio DWI attorneys is here to provide insights and guidance to help protect your rights.
Are DWI checkpoints legal in Texas?
Yes, DWI checkpoints are legal in Texas, but they must comply with specific legal criteria set by the courts. Law enforcement must establish the checkpoint in a manner that does not violate constitutional rights, and proper signage must direct drivers to the checkpoint in advance.
Can I refuse to take a breath or blood test?
Yes, you can refuse to take a breath or blood test. However, refusing can lead to automatic consequences like a license suspension and can be used against you in court.
How accurate are breathalyzer tests?
Breathalyzer tests, particularly the Intoxilyzer 5000 used in Texas, can be questioned for reliability. Various factors, such as calibration and operator error, can affect the accuracy of the results.
What happens if I fail a breath test?
If you fail a breath test and register a BAC of 0.08% or higher, it can be used as evidence against you in court. However, it is important to note that other evidence must also support the case for a DWI charge.
What should I do if I believe my blood test was not handled properly?
If you suspect procedural mishaps with your blood test—such as an improper chain of custody, unsanitary conditions, or lack of a lawful warrant—contact a qualified DWI attorney immediately. They can investigate the validity of the test and use any discrepancies in your defense.
What should I do if I am stopped for a DWI?
If stopped for a suspected DWI, it is important to remain calm and polite. You have the right to refuse field sobriety tests and a breathalyzer if you choose, but be aware of the potential consequences of refusal. It is advisable to seek legal counsel as soon as possible after the incident.
How long does a DWI stay on my record?
In Texas, a DWI conviction remains on your criminal record indefinitely. However, you may be eligible for an expunction or nondisclosure after a certain period, depending on specific circumstances, such as the outcome of the case and whether you completed a probation period.
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
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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
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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.
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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.
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Charges Dismissed Sexual Assault Investigation
Our client was a Texas State student who had a bright career ahead of him. He was accused of sexual assault by a classmate and an overzealous law enforcement officer proceeded to arrest him without a thorough investigation. Our team was able to fight for our client by putting together a defense that showed that the actions between the two were consensual and that his accuser had ulterior motives. The District Attorney's Office agreed and dismissed the case.
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Dismissed Assault Family Violence
During a dispute with her boyfriend, our client threw a brass statue against a wall, which ended up bouncing and hitting him. He called the police and our client was arrested for Assault Family Violence.
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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.