Can you get a DWI Blood Test Thrown Out?
How can you Suppress a DWI Blood Test?
While most people assume that a DWI Blood Test is automatically admitted, the truth is not so simple. There are various issues when it comes to DWI Blood Tests. Perhaps the person drawing blood performed the blood draw incorrectly. Or, maybe the seals on the blood tubes were faulty. These are just two broad examples. A DWI Blood Test is a scientific issue, meaning it must satisfy the legal test for scientific evidence. In short, there is a possibility to suppress the Blood Test depending on the facts.
Even if not suppressed, a judge or jury may disregard a DWI blood test if it is not reliable. In other words, even if the judge denies a motion to suppress, Mimi can still attack the issues with the DWI blood test in front of a jury. If a jury disregards the blood test, than the fact that the judge denied suppression becomes moot. This is because the State cannot appeal an acquittal (absent special circumstances). On the other hand, the State usually may appeal a decision granting suppression. The short-and-simple version is that suppression is a preliminary issue while acquittal is the final decision of a fact-finder.
What does it mean to throw out the DWI Blood Test?
Once the court throws out the DWI blood test, the State can not use it against you. A suppressed blood test means that the issue with the test/draw was so severe as to be a violation of your rights. For example, if police drew your blood as a result of a defective search warrant, than it may be possible to throw out the blood test. The typical legal term is “fruit of the poisonous tree”. This term means that if the initial stop/search is invalid, then any evidence obtained as a result of that is likewise “tainted” and should not be used. Mimi understands the potential scientific and legal issues with DWI blood test. She knows what type of suppression motion to file and how to analyze the potential arguments to use at the hearing.
More about Mimi Coffey & The Coffey Firm
When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.
The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.
Mimi is also listed on several “top criminal lawyer near me” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant County, DWI attorney Dallas County, DWI attorneys Collin County and DWI attorneys Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.