DWI Blood Test: You Have a Right to Re-Test
Gas Chromatograph- the type of machine used for DWI blood tests
Did you know that you have the right to re-test a DWI Blood Test?
Re-test of the Blood Taken By Officers
There are two primary ways to get a re-test. The first, and most common, is to ask the court to re-test one of the DWI Blood Test vials that officers obtained the night of arrest. When officers get a DWI Blood Test, they obtain two vials. The popular saying is “one for them, one for us”. The ‘them’ is the State, and the ‘us’ is the DWI Defense Lawyer. The initial DWI Blood Test tests the State’s vial. Our DWI Defense Lawyers, after reviewing other evidence, can ask the court to test ‘our’ vial.
Our DWI Defense Lawyers will typically recommend a re-test if your BAC is close to a specific margin (e.g., close to .08 or .15). There are still risks to this re-test though. While there are plenty of situations where the re-test will show a lower BAC level, there is the risk that the re-test may show a higher BAC. However, our DWI Defense Lawyers can still challenge a higher BAC based on typical DWI Blood Test issues (such as fermentation).
Requesting Your Own Blood Test
The other way to get a “re-test” is to request your own blood test at the time of arrest. This does not prevent officers from obtaining their two vials, as mentioned above, but it does allow for a person you trust to do a DWI Blood Test. Texas Transportation Code 724.019 allows a person “who submits to [a breath, blood or urine test] at the request or order of a peace officer” to have a qualified individual take an additional DWI Blood Test. This request must happen no later than 2 hours after arrest. Also, the law says police “shall” allow you a reasonable opportunity to contact that person. However, police are not required to transport you to your selected individual for testing, and the failure or inability to obtain the additional DWI Blood Test does not affect the admissibility of the breath or blood taken at the request of the officers.
The other issue is that, based on the language, this only applies if you “submit” to the breath or blood test. If police obtain a warrant based on a refusal, than this exceptions may not apply. Our DWI Defense Lawyers will always argue that you have the right to your own DWI Blood Test, but please be aware that the State may argue otherwise if you “refused” to give breath or blood.
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 Wise County DWI Lawyers, Tarrant County DWI Lawyer, Dallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. 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.