Blood tests are performed by gas chromatography. Accurate gas chromatography relies on validation studies that are done properly. Many validation studies across Texas do not account for other volatiles that can measure as ethanol. Blood testing is a separation science. If separation of the volatile is not done properly then the result is unreliable.
No matter what the situation may seem like, it is impossible to know how to fight a DWI charge without the right training. DWI is very specialized. It involves either infrared spectroscopy (breath testing) or gas chromatography (blood testing). The breath or blood test may not be admissible due to legal or scientific issues. Prosecutors do not generally collect this data (maintenance records, machine validation studies, calibration records). This is specialized data that must be obtained independently. The Coffey Firm has earned a reputation in understanding, obtaining and successfully fighting the forensics of a DWI. What may look like a totally unwinnable case may actually turn out to be a case that the state can’t meet their burden of proof.
No. These tests were not developed by academics or medical doctors unassociated with the government. These tests were developed by a grant from NHTSA (National Highway Traffic Safety Administration) through the SCRI (folks who had ties to law enforcement). Cops had developed tests early on (eg. throwing coins). The SCRI just worked in conjunction with police officers in putting these and newer tests through testing. To be clear, the field sobriety tests are a product of law enforcement. They are not the law. They are not pass or fail tests, but “cues” that may or may not be relevant to intoxication.
A DWI can certainly have an impact on immigration status/deportation, your driver’s license, a commercial driver’s license, and the ability to teach driver’s education to your child, just to name a few repercussions. A conviction will cost you in insurance and can cause job loss depending on the type of job or industry. It certainly affects how people can view your character and reputation. Like most things in life, the extent of a DWI’s effects are fact and person specific. It is our job to do everything we can to help you avoid a DWI conviction.