Breath and Blood Test Attorney Austin, TX
Representation From DWI Test Attorneys in Austin
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 to discuss your legal options.
Texas BAC Breath Tests
In Texas, police officers use an outdated machine called the Intoxilyzer 5000 to administer a breath test on a DWI suspect. Although most other states have upgraded to using more accurate equipment, Texas remains behind the curve and continues to use this problematic machine.
In order to get a DWI conviction the State must prove beyond a reasonable doubt that you were intoxicated at the time you were driving. If your breath test results are .08 or above, you’ll need an Austin breath & blood tests attorney to show the jury how unreliable the machine actually is.
Don’t think that all hope is gone because you blew above .08. The breath test is just one piece of evidence and the burden to prove that you were intoxicated can be difficult to meet. Our Austin DWI lawyers will review your case to determine if there was reasonable suspicion or probable cause for your traffic stop. We will also challenge the breath test procedures used by the arresting officer.
Texas BAC Blood Tests
Although you have the constitutional right to refuse a blood test, doing so can result in your license being suspended. Your refusal can also be used as evidence against you in court. If you are arrested during one of Texas’ “no refusal weekends,” you can still refuse a blood test. Furthermore, police will need a warrant from a judge to draw your blood after you refuse.
The following factors can affect the validity of a blood test:
- Did the police have a lawful warrant?
- Was your blood drawn in a sanitary environment?
- Was there a proper chain of custody regarding the blood?
A DWI conviction can be devastating to your personal and professional life. If you have been arrested for DWI, do not wait to contact an Austin breath & blood tests attorney.
Defending Against BAC Test Results in TX
When it comes to DWI arrests, 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 and we will fight to protect your constitutional rights. Our team of lawyers have years of experience helping people secure the justice that they deserve. Let us fight for you today.
Contact our Austin team of DWI breath and blood tests 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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Case Dismissed; Charges Reduced Five counts of Sex Assault of a Child & Eight Counts of Indecency w/ a Child
Our client was accused of being in a relationship with an underage teen. He was charged with six counts of sexual assault of a child and eight counts of indecency with a child. The evidence was overwhelming. He thought his life was over.
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Motion to Suppress Granted During Trial DWI .11 Blood Warrant
This was the 2nd jury trial for this case. First one was a 4-2 hung jury for not guilty. This trial ended in a dismissal by the State mid-trial after we fought and won a motion to suppress. Client and his wife pulled off on the side of the road sleeping in truck with engine running. Client in driver seat with seat laid way back. Officers say they smelled odor of alcohol coming from vehicle but didn’t specify who in the car it was coming from.
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Case Dismissed DWI
Our client was pulled over for failure to signal intent to turn. The arresting officer claimed the vehicle accelerated at a high rate of speed (67 MPH in a 30 MPH zone) resulting in a chase. When our client stopped, the officer noted the smell of alcohol on our client’s breath.
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Case Dismissed Felony POCS & Probation Violation
Our client was charged with an POCS 3rd degree felony while on probation in another county for a DWI 2nd. The car he was in was pulled over and, after officers obtained the consent of the driver, the car was searched. The police found cocaine in the vehicle and our client took responsibility.
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Case Dismissed; Charges Reduced Felony DWI
Our client was arrested for her fourth DWI with an alleged BAC of 0.168. The State aggressively prosecuted this case and sought prison time. We were able to work with the client on a mitigation strategy that resulted in the State agreeing to drop the felony and offer probation on a misdemeanor, keeping the client out of jail.