Prior to 2015, Texas used the Intoxilyzer 5000, a device that was old, surpassed by competitors, and had issues. Now, (most areas) use the Intoxilyzer 9000 -- which is not much better, except that it's new. The scientific community agrees that blood testing is the most accurate method to determine alcohol content in the body -- but that's not convienent for law enforcement. So, most commonly, breath tests are use. But they have problems, as you can see below.
DWI Blood tests can be more reliable, but there are still significant issues outside of a clinical, research setting. First, if a hospital draws the blood, there is a high probability the blood/alcohol result will be elevated. This is due to hospitals using an entirely different procedure to test the blood. We try to exclude hospital drawn blood from the evidence. Second, there are many ways the blood can become contaminated, either at the draw site, during storage and transport, or at the lab.
DWI Failure Cases per Trans. Code 524.022 (a) (1-2): Failure means the chemical (breath or blood) test resulted in a alcohol content of .08% or above. This results in a 90 day suspension, if it's a 1st time DWI or if any prior DWIs are more than 10 years in the past. If there are DWI priors within 10 years, the suspension is 1 year. Source.
DWI Refusal Cases per Trans. Code 724.035 (a-b): Refusal means the chemical (breath or blood) test was refused by the driver. This results in a 180 day suspension, if it's a 1st time DWI or if any prior DWIs are more than 10 years in the past. If there are DWI priors within 10 years, the suspension is 2 years. Source.
The Keates Law Firm has over 14+ Years Experience handling criminal defense cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Our Results Speak for Themselves. Keates Law Firm has a record of dismissals and acquittals in a variety of criminal cases. We are dismissal focused, and we get results.