Breath & Blood Tests in Austin, TX
Representation From DWI Test Attorneys in Travis County
When you are stopped for a DWI, the arresting officer will usually administer a breath or blood test to determine your intoxication level. The results of these tests will be used to build the prosecution’s case against you. If you were arrested for a DWI and submitted to a breath or blood test, you should immediately speak with our Austin DWI attorneys.
Texas Breathalyzer Tests
The breath test is a common method used by law enforcement to measure a driver's blood alcohol concentration (BAC) to determine if they are intoxicated. In Texas, this test is typically administered using a machine called the Intoxilyzer 9000. Although most other states have upgraded to using more accurate equipment, Texas remains behind the curve.
To secure a DWI conviction, the State must prove beyond a reasonable doubt that you were intoxicated while driving. Even if your breath test result was above 0.08, don't lose hope. The breath test is just one piece of evidence, and proving intoxication can be challenging. If your breath test results are 0.08 or higher, you’ll need an Austin breath test attorney to demonstrate the unreliability of the machine. At Smith & Vinson Law Firm, our Austin DWI attorneys can review your case to determine if there was reasonable suspicion or probable cause for your traffic stop. We can also challenge the breath test procedures used by the arresting officer, ensuring that every aspect of your case is thoroughly examined.
Texas BAC Blood Tests
The blood test is another way law enforcement measures the amount of alcohol in a person's bloodstream. If an officer suspects you are driving while intoxicated, they may request a blood test, especially if a breath test is not feasible or if you refuse it. A qualified medical professional will draw a blood sample, which is then sent to a laboratory for analysis.
Texas law includes implied consent for blood tests, meaning that refusing a blood test can lead to automatic license suspension and other penalties. While you have the constitutional right to refuse a blood test, doing so can result in your license being suspended, and your refusal can be used as evidence against you in court. Even during Texas’ “no refusal weekends,” you can refuse a blood test, but the police will then need to obtain a warrant to draw your blood.
If you do undergo a blood test, it's important to know that the accuracy of the results can be challenged in court by scrutinizing various factors, including, but not limited to, the following:
- Method of blood sample collection
- Handling and storage of the sample
- Chain of custody
- Qualifications of the person who drew the blood
- Lab procedures
If you are facing a DWI charge based on a BAC blood test, consult with an experienced attorney who can evaluate the circumstances of your arrest and the administration of the test to build an effective defense.
Defending Against BAC Test Results in Central Texas
When it comes to DWI arrests, and challenging the results of breath and blood tests, you need an Austin DWI attorney who understands the process and who can educate the jury on the problems with the State’s evidence. At Smith & Vinson Law Firm, we take your DWI charges seriously. Our attorneys can fight to protect your constitutional rights. Our team of lawyers has years of experience helping people secure the justice that they deserve. Let us fight for you today.
Contact our Austin DWI attorneys at (512) 359-3743 to set up a free consultation.
Our Client Reviews
Earning Our Reputation by Protecting Yours
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
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Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
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Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
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Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
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Deferred Adjudication Aggravated Assault & Tampering with Evidence
Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.
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Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.
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Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation