If you or a loved one are facing an intoxication charge, the stakes can be severe. Not only can you end up with a suspended driver’s license, but you might also be facing significant fines and substantial jail time.
You do not have to face these challenges alone. Let a breath blood test lawyer in Arlington, TX help protect your rights and defend you from the charges you are facing. Call the Law Offices of Randall B. Isenberg today at 214-696-9253 for a free consultation.
Breath and Blood Tests in Texas
Breath and blood tests are designed to measure your blood alcohol content (BAC). If these tests show that your BAC is 0.08 percent or higher, you will be found legally intoxicated.
Texas law allows the prosecution to rely on breath and blood test results to build their case against you, but these tests are not always accurate. A breath-blood test lawyer in Arlington, TX can help determine if the police made mistakes during the testing process or violated your rights while administering it. If so, your test results may be inadmissible as evidence.
Blood Alcohol Testing and Implied Consent in Texas
When you sign your Texas driver’s license, you consent to submitting to a blood alcohol testing when stopped by the police on suspicion of driving while intoxicated. This is called implied consent, and violating it carries consequences of its own.
You can refuse to take the blood alcohol test but doing so will cost you your driver’s license for a minimum of 180 days regardless of whether you are found guilty of driving while intoxicated later.
Different Kinds of Blood Alcohol Tests in Texas
There are two different kinds of blood alcohol tests in Texas:
- Blood testing. Your blood is drawn and sent to a lab, which measures the concentration of alcohol in the sample. These labs have a history of making errors, including mixing up your sample with someone else’s.
- Breath testing. This involves a small, handheld device called a breathalyzer, which the accused party must blow into. This test is much faster than the blood test and delivers results on the spot. Unfortunately, it is often less accurate than a blood test—especially if the breathalyzer has not been calibrated correctly or if the person using it has not been properly trained.
Challenging the Results of your Blood Alcohol Test
No matter what kind of test was used to determine your BAC, there is always the possibility that the results returned a false positive. This means that the test showed a BAC of 0.08 or higher when your actual BAC was lower than the legal limit.
A breath blood lawyer in Arlington can investigate the details of your case and help identify the options that may be available for you to challenge the results of your blood alcohol test.
Defending Against a Driving While Intoxicated Charge
If you or a loved one are facing an intoxication charge based on the results of a blood-alcohol test, there are several different strategies we can use in your defense:
- Procedural errors. If the police did not follow the correct procedure when they conducted your blood alcohol test, these violations can void your test results.
- Lack of probable cause. A police officer cannot ask you to submit to a blood-alcohol test unless they have a reason to suspect you of being intoxicated, such as hearing slurred speech or smelling alcohol in your vehicle.
- Lack of reasonable suspicion. A police officer cannot pull your vehicle over unless you were violating the law, such as by driving too fast or having a broken headlight.
- Confounding factors. Certain medications and foods can interfere with the results of a blood and breath test. We can prove these affected your test results and press to have them declared invalid.
How a Breath Blood Test Lawyer in Arlington Can Help
Attorney Randall B. Isenberg has more than 30 years of experience as a prosecutor and judge in Texas, which means he knows exactly what the other side is likely to do, how they intend to prove their case, and what actions you can take to help defend yourself against it.
Some of the specific ways our breath blood lawyers in Arlington can help include:
We can help you make sense of the chaos surrounding your charges, managing communications between you, the prosecution, the insurance companies, and other parties so you can spend more time with your family.
Determining Your Defense Strategy
Our team will conduct an independent investigation into the details surrounding your case, collecting as much evidence as we can to demonstrate your innocence and protect your rights.
Negotiating Plea Deals
If our team is involved before charges are filed, we may be able to have the charges dropped entirely. If you have already been charged, our team can press the prosecution to consider a lesser charge with correspondingly smaller penalties.
After a plea bargain is brought to the table, we will make sure you understand what it means and how it will affect your life. Our team can also advise you on whether we believe the plea deal is worth accepting or if we think it would be better to take your defense to the court.
Handling Your Administrative License Revocation (ALR) Hearing
If your driver’s license is suspended, either as a result of a DWI charge or for violating Texas’s implied consent laws, a breath blood test lawyer in Arlington, TX can help you appeal this suspension at your ALR hearing.
Even if we are unable to have your suspension reversed, we may be able to secure a more limited temporary license that will allow you to drive to necessary places like your school or workplace.
Contact the Law Offices of Randall B. Isenberg Today
If you or a loved one took a blood alcohol test and the results were used to charge you with an intoxication offense, we may be able to help. Call the Law Offices of Randall B. Isenberg today at 214-696-9253 for a free consultation.