Practice Area

Challenging Breathalyzer & Blood Tests

Criminal Defense

DWI/Drunk Driving Defense Lawyer

Defending Clients In Waxahachie, Midlothian, Red Oak, and Other Ellis County Cities

Blood and breathalyzer tests are often used as evidence in jury trials for a person charged with driving while intoxicated (DWI) in Texas. According to Texas Penal Code § 49.01, alcohol concentration refers to how many grams of alcohol there are for every 67 ml of urine, 100 ml of blood, or 210 liters of breath. The tests that are used to measure these, particularly roadside tests, are often used to convict people –despite the potential flaws in their design and administration. Fortunately, our DWI / DUI attorney understands how to challenge breath and blood tests. Robin McCarty was a former police officer and former prosecutor, and he knows how to identify and expose mistakes made in breath and blood alcohol testing to the benefit of his clients. If errors or procedural violations here made in any aspect of chemical testing, our team will work to make sure this is known. We will take action to fight for your rights. “Failed” breath or blood test?

Challenging Chemical Test Reliability in Texas

Due to the implied consent law in Texas, drivers can face serious criminal consequences if they refuse to take a breath or blood test when pulled over for suspected DWI. If you submitted to a breath test or blood test and were charged with DWI as a result, we can carefully examine the evidence against you. The Intoxilyzer 5000 is the breath test device used in Texas to measure a driver’s blood alcohol concentration (BAC). When a person blows into the machine, the alcohol in their breath will be measured by the breathalyzer. A driver can request a blood test instead, which will be used to determine the level of alcohol in the driver’s blood. A blood test can also be used to identify the presence of drugs. The following may cause inaccurate blood and breath test results:

  • NBreathalyzer was incorrectly calibrated
  • NBreathalyzer was not calibrated recently
  • NPolice officer improperly administered the test
  • NDefendant has a dental/medical condition that skews breath test results
  • NPoorly trained lab technicians made a mistake in analyzing blood
  • NBlood evidence was mishandled
  • NChain of custody was broken in handling blood evidence
Whether you refused to submit to the chemical test and had your license suspended or you have been charged with DWI based on the evidence of breath or blood tests, our Ellis County, and Johnson County DWI lawyers can help you fight your charges.
Call (972) 775-2100 to meet with a knowledgeable professional to discuss your case and the evidence against you.

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How A DWI Attorney Can Help You

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To learn more about your rights, call (972) 775-2100 for a free, confidential consultation.

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McCarty-Larson, PLLC

Family & Criminal Law

Address

300 N 8th St
Suite 200,
Midlothian, TX 76065

Phone Number

(972) 775-2100