DWI Breath Tests & Blood Tests
San Antonio DWI Attorneys
DWI breath or blood tests are used by law enforcement to gauge your level of intoxication. Their results are then forwarded to the prosecutor to be used against you in court. If you have been arrested for a DWI in or around San Antonio based on a breath or blood test, you should seek immediate legal help from one of our capable attorneys to have your case reviewed.
Call us at (210) 960-9557 today and schedule a free consultation.
Breath Tests
At this time, the Intoxilyzer 5000 is the machine used by Texas law enforcement for testing intoxication levels on a DWI suspect. This machine is outdated and considered by many to be unreliable. Many other states have progressed to more advanced equipment but Texas has not.
In a DWI case, the prosecutor must prove beyond a reasonable doubt that your driving was impaired. A breath test measuring .08 or above can provide proof unless your attorney challenges the unreliability of the Intoxilyzer 5000.
Just because you blew above .08 does not necessarily mean that your case is lost. A breath test is only part of the prosecutor’s case. He or she will be obligated to prove to the jury that you drove while intoxicated, which can be a difficult task. Our San Antonio DWI lawyers will fully investigate your case to determine the basis for your traffic stop and whether it was justified. Challenging the breath test will also be part of our defense strategy.
Blood Tests
In DWI cases, you have the legal right to refuse a blood test. By doing so, however, you will face an automatic license suspension. Refusing to submit to a blood test can also be used against you in court. You can even refuse to submit to a blood test during a “no-refusal weekend,” in which Texas engages. Once you refuse, law enforcement will have to obtain a warrant from a judge in order to have a blood test administered.
When challenging a blood test’s validity, we ask:
- Was a lawful warrant obtained by law enforcement?
- Was the blood test conducted in a sanitary environment?
- Was a proper chain of custody maintained in regards to the blood?
Our firm can thoroughly investigate all of the factors regarding both breath and blood tests that can negatively affect the prosecution’s case. We know what to look for and how to use what we find when it comes to defending you in a Texas DWI.
Talk to One of our San Antonio DWI Lawyers Today
In any DWI case, it is vital that you hire an attorney who thoroughly understands the legal process and who can show the court the holes in any evidence brought against you. Smith & Vinson Law Firm has the legal and technical knowledge to vigorously fight for you and your future by doing so. We have years of experience assisting Texans in their fight for justice. If you have been arrested for DWI in or around the San Antonio area, do not wait to call and take advantage of our commitment and skills.
Schedule a free consultation about your DWI case by contacting Smith & Vinson Law Firm at (210) 960-9557.
Our Clients Are Our Biggest Endorsers
Hear What They Have to Say
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Throughout the whole process, I had the utmost confidence in Mr. Smith and his work. the goal when we first met was to "get the DWI dismissed" and that is exactly what happened.- Ronald D.
A Proven Track Record
Check Out Our Recent Case Results
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Dismissed Theft
Our client was allegedly caught shoplifting at an HEB. She had no prior arrest history, so we worked with her on proactively taking classes, which were used to her advantage during our negotiations. The client accepted a deferred adjudication on the shoplifting offense, which was ultimately dismissed.
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Charges Avoided Assault
Client had been celebrating his birthday and tried to prevent some of his guest from driving while intoxicated. While attempting to arrange an alternative ride for a relative, the relative’s girlfriend decided she wasn’t having it and decided to start an altercation with a few other guest. Later she accused our client of having assaulted her and sending her to the hospital.
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Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation
Our client was accused of restricting his wife’s airway with a plastic bag. His wife, who had been a chronically unfaithful and emotionally abusive alcoholic, provided a video to the State to try and get our client charged with a felony.
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Dismissed Possession of Controlled Substance
Our client was pulled over for expired registration. Police smelled marijuana coming from the vehicle and conducted a probable cause search. Police found marijuana and pills containing a controlled substance, and the State charged our client with a felony. Our client was already facing multiple misdemeanor charges in another county.
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Dismissed Assault with a Deadly Weapon
Our client, a retired Marine, was out with some friends one night when he got into a fight at a gas station. He allegedly pulled out a knife and left the scene. Moments later, law enforcement pulled him over. He was charged with misdemeanor DWI, felony Assault with a Deadly Weapon, and two counts of felony Terroristic Threat.