To obtain a DWI conviction in Texas, the police and prosecutors rely on chemical testing for blood alcohol concentration, including breathalyzer and blood tests. Unfortunately, these testing methods do not always provide a reliable representation of impairment.
To avoid a drunk driving conviction based on faulty evidence, you need a breathalyzer and blood test defense lawyer in McKinney who understands the problems inherent in this testing.
At the Law Offices of Randall B. Isenberg, we can analyze the evidence in your DWI case and demonstrate to the prosecutor—or, if necessary, the jury—any problems or flaws that can help you obtain the best possible outcome in your case.
Our legal team specializes in challenging toxicology reports as a strategy for defending McKinney DWI and felony DWI clients. Contact us today at 214-696-9253 to learn more about how we can help you.
How Can a Breathalyzer and Blood Test Lawyer Help My DWI Case?
Upon conviction for drunk driving in McKinney, you face the very real possibility of going to jail—even for a first-offense DWI. You will also face significant monetary penalties, suspension of your driver’s license, and a permanent criminal record. You may have to serve probation and perform community service, install an ignition interlock device on your vehicles, and attend classes, counseling, or go to rehab. Your auto insurance premiums will likely rise after your conviction.
Most people cannot afford to face these serious consequences, which can disrupt their lives for decades. That is where the Law Offices of Randall B. Isenberg comes in.
Our legal team has defended many clients using our in-depth knowledge of how chemical BAC testing can produce false-positive results. Attorney Randy Isenberg has even taught continuing legal education courses on this very subject. This level of understanding—combined with more than 30 years of experience in the Texas criminal justice system—means we know how to get the results you want.
Throughout the process, we will protect your legal rights, answer all your questions, and make sure you understand your options. Never assume that a positive test result for BAC will lead to a conviction. We can use any potential problem with the test results as leverage to negotiate with the prosecutor to have your charges reduced or dismissed. If necessary, we will present our rebuttal evidence in court to introduce reasonable doubt.
If you face aggravated DWI charges—if your BAC registered 0.15 or higher—having a knowledgeable criminal defense attorney is even more important. If we can successfully challenge the veracity of your breathalyzer or blood toxicology results, we may succeed in forcing the prosecutor to reduce your charges to an offense that carries substantially less serious penalties. Alternately, we can file a motion in court to have the evidence thrown out.
Potential Breathalyzer and Blood Test Defense Strategies
Our legal team identifies the legal defense strategies that are most appropriate based on the facts and evidence of your case. However, we commonly call on one or more of these tried-and-true approaches for a breathalyzer and blood test defense.
Failure to Establish Probable Cause
To arrest you and request chemical BAC testing, police officers must establish probable cause. If the arresting officer in your case failed to establish probable cause before arresting you, we can negotiate with the prosecutor or petition the court to disallow the BAC test result evidence in court.
Violation of Testing Standards
Once the police place you under arrest, they must transport you to an approved location before conducting breathalyzer or blood testing.
For breathalyzer testing, the Texas Department of Public Safety (TxDPS) crime lab requires the location to comply with standards for a Breath Alcohol Laboratory (BAL). Most precincts designate some portion of the station as their BAL, which must comply with alcohol testing requirements listed in the Texas Administrative Code.
The police must obtain DPS certification for their testing equipment and any technician who administers a chemical BAC test. Breathalyzer equipment and testing methods must also comply with the testing procedures of the National Highway Traffic Safety Administration (NHTSA), including its list of allowed BAC testing devices.
If the police refer you for blood testing, this BAC testing must also comply with strict standards. Upon request from our office, the prosecutor must supply evidence of the blood testing lab’s qualification and verify that the lab carried out both the testing and sample analysis correctly.
Any deviation from these standards can invalidate your rest results. The prosecution must provide proof of compliance with all standards and regulations upon our request.
Many clients receive a false positive breathalyzer reading because of their diet or certain medications. You could even blow a false positive BAC as a result of using certain mouthwashes.
With a wealth of resources at our disposal, including subject matter experts well-versed in toxicology, disputing breath and blood testing reports provides a highly effective approach for DWI defense.
Consult With a Breathalyzer and Blood Test Defense Lawyer at No Cost.
The criminal defense team at Law Offices of Randall B. Isenberg understands the importance of mounting an aggressive defense on your behalf. We will work tirelessly to build the strongest possible case for you.
To assist you in making an informed decision about your case, we offer complimentary consultations and case reviews. We can explain how these serious charges can affect your future, and help you explore all viable options. We will also answer your questions and address any concerns you have.
Before offering any statements to the police or making decisions that could affect your future, contact our office today at 214-696-9253 to speak with a breathalyzer and blood test defense lawyer in McKinney.