After an arrest for driving while intoxicated (DWI) in Abilene, Texas, if you underwent a blood test, you may wonder how to access your test results. This information is essential for your defense and understanding the case against you.
DWI lawyers at the Law Offices of David M. White, we're committed to helping our clients with the legal process surrounding DWI charges. In this guide, we'll walk you through the steps to obtain your DWI blood test results in Abilene and explain why this information is so important.
Understanding DWI Blood Tests in Abilene
A DWI blood test is a chemical analysis of your blood to determine your blood alcohol concentration (BAC) at the time of your arrest. In Texas, operating a motor vehicle with a BAC of 0.08% or higher is illegal. For commercial drivers, the limit is 0.04%, and for drivers under 21, there's a zero-tolerance policy.
Why Are Blood Tests Used?
While breath tests are more common, blood tests are often considered more accurate and are typically used when:
- A breath test is unavailable or malfunctioning
- The suspect is unable to provide a breath sample
- There's suspicion of drug influence in addition to alcohol
- The suspect has been involved in an accident resulting in injury or death
The Process of Obtaining Your DWI Blood Test Results in Abilene
Now that we've covered the basics, let's go through the steps to obtain your blood test results:
1. Contact Your Attorney
If authorities charge you with a DWI in Abilene and you haven't already done so, immediately contact an experienced DWI attorney.
2. File a Discovery Request
Your attorney will likely file a formal discovery request with the prosecutor's office. This legal document demands that the prosecution turn over all evidence related to your case, including the blood test results.
3. Wait for the Prosecution's Response
The prosecution must provide the requested information within a reasonable timeframe. This process can take several weeks to a few months, depending on various factors, such as the workload of the prosecutor's office and the complexity of your case.
4. Review the Lab Report
Once your attorney receives the blood test results, they will review the lab report with you. This report typically includes:
- Your BAC at the time of testing
- The time and date of the blood draw
- The name of the technician who performed the test
- The testing method used
- Any chain of custody information
5. Consider an Independent Analysis
If you worry about the accuracy of the results or the testing procedures, your attorney may request that an accredited private laboratory test a portion of your blood sample.
6. Attend Pre-Trial Hearings
During pre-trial hearings, your attorney may have the opportunity to question the validity of the blood test results or the procedures used to obtain them. This is an important step in building your defense strategy.
Why You Must Obtain Your Blood Test Results
You need your blood test results to:
1. Challenge the Accuracy of the Test
Blood tests, while generally reliable, are not infallible. There are various factors that can affect the accuracy of the results, including:
- Improper blood draw techniques
- Contamination of the sample
- Errors in the testing process
- Improper storage or handling of the sample
By obtaining and carefully reviewing your test results, your attorney can identify any potential issues that could be used to challenge the validity of the evidence against you.
2. Understand the Strength of the Prosecution's Case
Knowing your exact BAC helps you and your attorney assess the strength of the prosecution's case. If your BAC was close to the legal limit, there may be more room to negotiate or challenge the charges.
3. Explore Possible Defenses
The blood test results, along with other evidence, can help your attorney develop the most effective defense strategy. For example, if there were significant delays between your arrest and the blood draw, your attorney might argue that your BAC at the time of driving was lower than when the blood was taken.
4. Negotiate Plea Deals
Sometimes, the blood test results may be used to negotiate a plea deal with the prosecution. If there are issues with the test or if your BAC was only slightly over the legal limit, this information could be used to negotiate reduced charges or penalties.
5. Prepare for Trial
If your case goes to trial, you need a thorough understanding of the blood test results. Your DUI attorney will need this information to effectively cross-examine the prosecution's witnesses and present your defense to the jury.
Potential Challenges in Obtaining Blood Test Results in Abilene
While you have a legal right to access your blood test results, you may face challenges:
- Delays in Processing: The Texas Department of Public Safety Crime Laboratory, which processes many DWI blood tests, can sometimes need help with backlogs.
- Incomplete Information: Sometimes, the initial information provided by the prosecution may need to be completed. Your attorney may need to follow up multiple times to ensure all relevant data is received.
- Resistance from Prosecution: In some cases, the prosecution may be reluctant to share certain information. Your attorney may need to file motions with the court to compel the release of all relevant data.
- Chain of Custody Issues: If there are gaps in the documentation of how your blood sample was handled, it may take additional time and effort to track down this information.
What to Do While Waiting for Your Results
During the period between your arrest and receiving your blood test results:
- Comply with All Court Orders: Attend all scheduled court appearances and comply with any conditions of your release, such as installing an ignition interlock device if required.
- Seek Substance Abuse Evaluation: Voluntarily undergoing a substance abuse evaluation can demonstrate to the court that you're taking the situation seriously. This could potentially work in your favor during sentencing if you're convicted.
- Document Your Version of Events: While the details are fresh in your mind, write down everything you remember about the events leading up to your arrest. This information can be valuable to your attorney.
- Avoid Discussing Your Case: Refrain from discussing the details of your case with anyone other than your attorney. Anything you say could potentially be used against you in court.
- Stay in Contact with Your DUI Attorney: Keep in regular contact with your attorney and promptly provide any additional information they request.
Taking Action: Your Next Steps
Remember, a DWI charge doesn't have to ruin your life. You can fight these charges effectively with the right legal representation and a thorough understanding of the evidence against you, including your blood test results.
If police arrest you for DWI in Abilene and you need assistance obtaining or interpreting your blood test results, don't hesitate to contact the Criminal defense attorney in Abilene, Texas . We're here to help you through this challenging time and work towards the best possible resolution of your case.
David M. White
Attorney
David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.
If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.
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