Every DWI test has flaws. Many people routinely test positive for driving while intoxicated in Texas when they are not drunk.
Conroe, TX (PRWEB) June 25, 2014
Montgomery County near Houston, Texas, recently began administering mandatory blood tests in mobile testing vehicles to determine if suspected drunk drivers are driving while intoxicated (DWI), according to a recent news report that raised many concerns for experienced Houston drunk driving attorney Joseph LaBella of Joseph J. LaBella & Associates.
LaBella expressed his comments today in response to a May 7, 2014, news report on Fox 7 News in Austin, TX about the new mobile drunk driving testing vehicles used for people who refuse to take a DWI breath test.
“Every DWI test has flaws,” LaBella said. “Many people routinely test positive for driving while intoxicated in Texas when they are not drunk. I know because my law office has worked with so many people wrongly charged with drunk driving in Texas. We understand the importance of keeping dangerous drivers off the road. But people’s rights must be respected. And people need to realize that DWI tests are not foolproof. Police officers often make mistakes administering such tests, especially if they’re rushing and not taking their time. Blood samples are not stored properly. Testing equipment malfunctions. Many things can go wrong. That’s why it’s critical you contact us if you’ve been charged with DWI in Texas. We can help.”
Since 2010, Montgomery County, Texas police have been administering mandatory blood tests in a van to drivers who refuse to take a DWI breath test, according to Fox 7 Austin. The so-called “BAT Van” is often driven by Specialized Prosecutions Bureau Chief Warren Diepraam, who travels with a phlebotomist who administers blood tests in the rapid response vehicles.
Many law enforcement officials interviewed by Fox 7 News praised the program. But Lakeway municipal Judge Kevin Madison admitted there are flaws to DWI tests. Someone who has several drinks before they drive might have a legal blood alcohol concentration (BAC). However, if a DWI test is administered to the same person three hours later, “their blood alcohol has spiked and they really weren't drunk at the time they were driving. That's the problem,” Madison said.
Drivers charged with drunk driving in Texas should always challenge the results of a positive blood test or breathalyzer test, according to Houston DWI lawyer Joseph LaBella of Joseph LaBella & Associates. “Law enforcement officials frequently make mistakes whenever they administer tests to determine if a driver is drunk,” LaBella said. “That’s why we constantly challenge the accuracy of such test results. It’s very easy for law enforcement officials to talk tough about catching drunk drivers. But police officers need to remember their actions have consequences. Drivers convicted of DWI in Texas face jail time and large fines. Convicted drunk drivers might even lose their jobs or permanently tarnish their reputation. Don’t take chances with your future. Contact us immediately. We fight for justice every single day in Texas.”
For more information about Texas’ DWI laws and the options available to drivers with a DWI charge in Texas, call (800) 989-6839 or go to: http://www.texas-dwi-lawyers.com/contact
The Fox 7 Austin article cited is “Texas judge takes no refusal to new level.”
About Joseph J. LaBella & Associates
Serving clients throughout Texas, DWI lawyer Joseph LaBella handles some of the most complicated drunk driving cases throughout the state. An experienced, knowledgeable Texas defense attorney, Joseph LaBella works with clients facing drunk driving related charges. Attorney LaBella has tried over 100 cases and has a 90 percent success rate. Along with DWI cases, attorney LaBella also handles probation violations, case dismissals, murder charges, sex crimes, drug crimes and hit and run charges.
Joseph J. LaBella & Associates
220 W Davis St.
Conroe, TX 77301