How to Fight a DWI Blood Test Case - Intro
With all of the recent publicity surrounding DWI Blood test cases, a few months back, I decided to write a paper on how to fight DWI blood test cases.
Well, the paper was coming along very slowly, and I quickly realized my topic was too broad. I decided to narrow it down to remove all "constitutional/"are the warrants illegal" areas, and leave that area to another legal scholar. In general, I think the Transportation Code is so clear, I didn't want to get on my soapbox about it any more. Plus, I have read (but don't buy into) the Beemon case which is where most prosecutors point to.
If anyone is interested in working on a paper with me, let me know. Maybe a law student out there??
My future topics will include:
I hope you enjoy (and help contribute) to the upcoming series "How to Fight a DWI Blood Test Case"
Well, the paper was coming along very slowly, and I quickly realized my topic was too broad. I decided to narrow it down to remove all "constitutional/"are the warrants illegal" areas, and leave that area to another legal scholar. In general, I think the Transportation Code is so clear, I didn't want to get on my soapbox about it any more. Plus, I have read (but don't buy into) the Beemon case which is where most prosecutors point to.
If anyone is interested in working on a paper with me, let me know. Maybe a law student out there??
My future topics will include:
- Retrograde Extrapolation
- Attacking the Probable Cause in the Warrant Itself
- Breath Test Coercion
- Chain of Custody Issues
- Keeping the Blood Out
- Creating Doubt
- Fighting the blood drawer as a "Qualified Technician: (Fight going on today.. read about it here!)
- Whole Blood vs. Serum Blood
- Retesting Independently
- 38.22/38.23
- Presentation of the Warrant (already covered quite well by Sarah Roland in this article)
- Poor Lab / Testing Procedures
- Gas Chromatography / Enzymatic Method
- Gas Chromatography / Enzymatic Method
I hope you enjoy (and help contribute) to the upcoming series "How to Fight a DWI Blood Test Case"
I had an accident,thrown from vehicle.blood sample taken,and hospital found 69.8 mmol= .003% alcohol.
police lab test two months later was almost 4 times legal amount . witnesses will testify that i had not drank
I'm getting charged with a DUI and a refusal. The problem is that none of the breath tests worked so they took me to the station to take a blood test and I have a phobia of needles so I said no. DMV dropped the whole DUI charge but nailed me with a refusal of a chemical test. I am a full time student and I have a full time job and I at least need my restricted. IS there even a way to fight a refusal?
It is absolutely possible. However, I'm not sure what state you are in. In Texas, you must contest the hearing on a refusal or sample of over .08 within 15 days of being given the notice of suspension. That is why it is important to contact a DWI attorney immediately!
My daughter was involved in an single accident in Brazos County (College Station, Tx). She was taken to the hospital and blood was drawn and they are stating she was over the limit 3x. Our atty is saying that they are offering to drop her false report to a peace officer but not the DWI. The accident occurred on Sept 1, 2005 and she was never arrested but 2 years later received a letter about the arraignment. She has since graduated from college with honors and because she is going into education this is hurting her due to the background check. I am not convinced this is the best offer but the attorney is saying that in this case he'd rather be the prosecutor than the defense atty. She has no priors and other than this incident has never been in trouble with the law. We are worried about how this will effect her future.
hey , i was stoped fpr tailgating a car , when the police officer came to my window , he said he smell the odor of burned marijuana, and i told him that some times i smoke in the car, he tooke me out of the car and performance a cople of test outside the car, he culdnt proof that i was hight , so he arrested me for a dwai, and in the station gave my a blood test, what is the best thikng to do??
Best thing to do is contact an attorney immediately! There are lots of ways to potentially fight an illegal stop, or an illegal search and seizure. If you are in the DFW area, give us a call at 469-252-4018