Blood Test DWI Defense in Dallas Lab Records and Chain of Custody

Blood evidence in a Dallas DWI case often comes from a draw taken an hour or more after the stop, sometimes at a hospital in the Medical District along Harry Hines Boulevard and sometimes at the jail after a judge signs a warrant. Many people assume a blood result cannot be argued with. Dallas DWI Lawyers sees it differently. A blood test is a series of steps handled by different people, and each step leaves a paper trail that can be checked. It usually begins with implied consent under Texas Transportation Code chapter 724. When a driver declines a breath or blood test, the refusal can be used as evidence, and officers can apply for a blood search warrant. Dallas County runs no-refusal enforcement on holiday weekends, with on-call judges available to sign blood warrants through the night. A warrant is only as good as the affidavit behind it, so the defense reads the officer's sworn reasons for the stop and arrest and compares them with the dash and body camera video. If the facts in the affidavit do not match the footage, that is worth raising.

Dallas DWI Lawyers | 325 North St Paul Street, Suite 3100, Dallas, TX 75201 | (945) 403-4331

Chain of custody is where blood cases are often won or lost on paper, and it gets close attention. The team wants to know who drew the blood, whether that person was qualified, what kit was used, how the tubes were labeled and sealed, and where the sample sat before it reached the lab. Storage temperature and transport times can affect a sample. At the lab, the records should show the analyst, the instrument, the calibration and the batch the sample was run with. Stephanie Tucker, the firm's Senior Paralegal, works with the attorneys to request and organize these records so nothing is missed. Timing matters as well. A blood result measures alcohol at the moment of the draw, which may be well after the driving ended, and the state still has to connect that number to the time behind the wheel. A reading near 0.15 deserves a careful look, because crossing that line can https://www.mediafire.com/file/657h2tnqmfwcy1m/pdf-47221-89219.pdf/file raise a first offense to a Class A misdemeanor. In some cases the defense may be able to request an independent retest of the sample. A DWI defense attorney who prepares for trial from the start will push on each of these points instead of accepting the lab report at face value. Call or text Dallas DWI Lawyers at (945) 403-4331, 24/7, for a free case evaluation of your blood test evidence. The office is at 325 North St Paul Street, Suite 3100, in downtown Dallas, a few minutes from the Medical District.

Dallas DWI Lawyers Address: 325 North St Paul Street, Suite 3100, Dallas, TX 75201 Phone: (945) 403-4331 FAQ About DWI Defense Attorney in Dallas How much is a DWI lawyer in Texas? Fees depend on whether the case is a first offense misdemeanor or a felony, whether there is an ALR hearing to fight, and whether the case goes to trial. Dallas DWI Lawyers starts with a free case evaluation so you can hear what your specific case involves before you commit to anything. Call or text (945) 403-4331 to set one up. What happens after a DWI arrest in Dallas? Most people arrested in Dallas are booked at the Lew Sterrett Justice Center and released on bond, often with conditions such as an ignition interlock. Misdemeanor DWI cases then move through the County Criminal Courts at the Frank Crowley Courts Building, while a separate license suspension case starts with DPS. The team at Dallas DWI Lawyers deals with both tracks from the first call. How long do I have to request an ALR hearing in Texas? The request must be made within 15 days of receiving notice of the license suspension, which is usually the day of the arrest. Missing that window means the suspension can take effect without a hearing. Dallas DWI Lawyers files ALR requests and represents drivers at the hearing, so call (945) 403-4331 as early as you can. Is a first DWI a felony in Texas? A standard first DWI is a Class B misdemeanor with a minimum of 72 hours and up to 180 days in jail, and a fine of up to $2,000. It becomes a Class A misdemeanor if a test shows 0.15 or more, and it can be a state jail felony if a passenger under 15 was in the car. Our downtown Dallas office on St Paul Street handles every level of these charges. Can a DWI be dismissed in Texas? Dismissals do happen, usually when the stop lacked reasonable suspicion, the arrest lacked probable cause, or the breath or blood evidence has problems. No lawyer can promise a dismissal, but Dallas DWI Lawyers prepares each case as if it is going to trial and reviews the video, reports and lab records for weak points. Should I refuse a breath test in Texas? Texas is an implied consent state, so a refusal can bring a license suspension of at least 180 days and can be mentioned at trial. Officers can also get a blood warrant, especially during Dallas County no refusal weekends. Every situation is different, so talk to a DWI defense attorney about how a refusal affects your own case. Can I still drive after a DWI arrest in Dallas? Usually yes, at least for a short time, because the suspension does not start right away and a timely ALR request can hold it off until the hearing. If a suspension does take effect, an occupational license may let you drive to work, school and essential errands. Dallas DWI Lawyers helps with both, starting with a call to (945) 403-4331. How long does a DWI stay on your record in Texas? A DWI conviction stays on your Texas criminal record permanently unless the law gives you a way to seal or clear it. Some first-offense cases may qualify for nondisclosure, and expunction is generally limited to dismissals, acquittals and no-bills. The firm can review your eligibility during a free case evaluation. What makes a DWI a felony in Texas? A DWI becomes a felony with two prior intoxication convictions, a passenger under 15, a serious injury (intoxication assault) or a death (intoxication manslaughter). These carry prison ranges from 180 days in a state jail up to 20 years. Managing Attorney Gary L. Medlin has been Board Certified in Criminal Law by the Texas Board of Legal Specialization since 1989. Do I need a lawyer for a first DWI in Texas? You are not required to have one, but a first DWI can still mean jail time, fines, a license suspension and a permanent record. A lawyer can challenge the stop and the testing, and may be able to pursue options such as deferred adjudication where the law allows it. Dallas DWI Lawyers answers calls and texts 24/7 at (945) 403-4331. Can a DWI be reduced to a lesser charge in Texas? In some cases, problems with the evidence lead prosecutors to offer a reduced charge such as obstructing a highway or reckless driving. Whether that is possible depends on the facts, the test results and your history. Attorneys at Dallas DWI Lawyers include former prosecutors who understand how those decisions get made in Dallas County. What is the difference between a DWI and a DUI in Texas? In Texas, DWI is the charge for adults who are intoxicated while driving, while DUI is a Class C charge for drivers under 21 with any detectable amount of alcohol. A young driver can face either charge depending on the evidence. Dallas DWI Lawyers defends underage drivers from SMU, University Park and across Dallas.