You will likely be asked to submit to a blood or breath test if you are suspected of driving while intoxicated. These tests are administered for the purpose of measuring the level of alcohol in your bloodstream. In Texas, a blood alcohol content (BAC) of 0.08 percent or higher is above the legal limit. If a blood or breath test determines that you are legally intoxicated, you may be arrested on DWI charges.
Unfortunately, these tests are notorious for registering inaccurate BAC ratings. This is of particular concern because blood and breath tests frequently constitute the primary evidence the police use to build a case against you. If you are facing DWI charges, a breath-blood test attorney in Irving, TX, can help you determine if the arresting officer(s) violated your constitutional rights or made any errors during your arrest or the testing process. If they did, your BAC results may be deemed inadmissible.
The team at the Law Offices of Randall B. Isenberg has more than three decades of experience with all facets of DWI charges, including cases that involve inaccurate blood and breath tests and the refusal of blood and breath tests. Call us today at 214-696-9253 for a free and confidential consultation about your case with a breath blood test lawyer in Irving, TX.
Challenging Your BAC
If your blood or breath test registered an inaccurately high reading, you have the right to challenge the results. Having a DWI defense attorney by your side can make the process of challenging your blood alcohol results easier to understand. Your breath-blood test lawyer in Irving, TX can also help explain how any errors or violations made during the arrest or testing process can be used to defend against your charges.
Common errors and violations include:
- Police did not follow procedures: If the arresting officer(s) failed to follow proper procedures when they stopped you, arrested you, or administered your blood or breath test, your test results may be deemed inadmissible.
- No probable cause: If the arresting officer(s) cannot show probable cause for pulling you over in the first place, or if there is a lack of probable cause for asking you to submit to a blood or breath test, your test results may be declared invalid. Examples of probable cause for stopping your vehicle include speeding or swerving into the other lane, and examples of probable cause for performing a blood alcohol test include an odor of alcohol in the vehicle or slurred speech.
- Malfunctioning blood or breath test or improper administration: If the device used to test your BAC was defective or improperly calibrated, or if the test was administered incorrectly, we may be able to get the incriminating results thrown out.
Blood and Breath Test Refusal
In Texas, you automatically consent to blood and breath tests when you sign your driver’s license. This is known as implied consent. You can refuse a breathalyzer or blood test in Texas but doing so will result in an automatic 180-day license suspension. This suspension will even apply if you are not charged with DWI or if the DWI charges against you are dropped. If you or a loved one have had your driver’s license suspended for violating implied consent, a blood-breath test attorney in Irving, TX, may be able to get this automatic suspension removed.
How an Irving, TX Breath Blood Attorney Can Help
Attorney Randall B. Isenberg has been both a prosecutor and a judge during his career. He knows how the other side thinks, what arguments they are likely to use, and the best strategies for countering them.
At the Law Offices of Randall B. Isenberg, we can help you:
Dealing with the prosecution, insurance companies, and any other involved parties can be chaotic, stressful, and overwhelming. Let us shoulder this burden for you so that you can focus on work, family, and living your life.
Build Your Defense
We will thoroughly investigate the details of your case to determine the most appropriate legal strategy for moving forward. Our legal team will gather pertinent evidence and work tirelessly to position you for the most favorable outcome possible.
Negotiate a Plea Deal
If we are unable to get your charges dropped, we may be able to get them reduced. By negotiating a plea deal, you may be offered a lesser charge with correspondingly less-serious penalties. Remember: not all plea deals are worth accepting. Our legal team can advise you on the full ramifications of accepting your plea deal and offer guidance on whether it may be worthwhile to take your case to court instead.
Handle Your Administrative License Revocation (ALR) Hearing
If you are convicted of DWI or you refused a breath or blood test at the time of your arrest, you will likely be facing suspension of your driver’s license. If this happens, an Irving, TX DWI defense attorney may be able to help you appeal the suspension at an ALR hearing. Even if we are unable to reverse your suspension, we may be able to have the court grant you limited temporary license for driving to school and/or work.
Contact the Law Offices of Randall B. Isenberg Today
Randall B. Isenberg knows how to find weaknesses in the prosecution’s case, and our legal team will use those weaknesses to fight the prosecution’s charges against you. We understand that people make mistakes. Do not let a criminal record ruin your chances of getting housing or the job you want in the future. A breath-blood test lawyer in Irving, TX will work tirelessly to protect your rights, reputation, and freedom. Contact us today at 214-696-9253 for a free and confidential consultation about your case.