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Challenging Breath & Blood Tests

Ellis County DWI Attorneys

Blood and breath tests are often used as evidence in jury trials for a person charged with driving while intoxicated (DWI) in Texas. According to Texas Penal Code § 49.01, alcohol concentration refers to how many grams of alcohol there are for every 67 ml of urine, 100 ml of blood, or 210 liters of breath. The tests that are used to measure these, particularly roadside tests, are often used to convict people –despite the potential flaws in their design and administration.

Fortunately, our Ellis County DWI attorneys understand how to challenge breath and blood tests. Robin McCarty was a former police officer and former prosecutor, and he knows how to identify and expose mistakes made in breath and blood alcohol testing to the benefit of his clients. If errors or procedural violations here made in any aspect of chemical testing, our team will work to make sure this is known. We will take action to fight for your rights.

“Failed” breath or blood test? Contact our firm at (972) 843-7456 for the aggressive defense you deserve. Your initial consultation is free.

Challenging Chemical Test Reliability in Tarrant County, Ellis County & Dallas County

Due to the implied consent law in Texas, drivers can face serious criminal consequences if they refuse to take a breath or blood test when pulled over for suspected DWI. If you submitted to a breath test or blood test and were charged with DWI as a result, we can carefully examine the evidence against you.

The Intoxilyzer 5000 is the breath test device used in Texas to measure a driver's blood alcohol concentration (BAC). When a person blows into the machine, the alcohol in their breath will be measured by the breathalyzer. A driver can request a blood test instead, which will be used to determine the level of alcohol in the driver’s blood. A blood test can also be used to identify the presence of drugs.

The following may cause inaccurate blood and breath test results:

  • Breathalyzer was incorrectly calibrated
  • Breathalyzer was not calibrated recently
  • Police officer improperly administered the test
  • Defendant has a dental/medical condition that skews breath test results
  • Poorly trained lab technicians made a mistake in analyzing blood
  • Blood evidence was mishandled
  • Chain of custody was broken in handling blood evidence

Whether you refused to submit to the chemical test and had your license suspended or you have been charged with DWI based on the evidence of breath or blood tests, our Ellis County DWI lawyers can help you fight your charges.

Call (972) 843-7456 to meet with a knowledgeable professional to discuss your case and the evidence against you.

More than Qualified to Handle Your Case

What Sets Robin McCarty & Associates Apart?
  • Veteran Police Officer

    Our founding attorney has a professional background in law enforcement, equipping us with invaluable insight for your defense case.

  • Proven Track Record

    Through rigorous experience and seasoned legal abilities, our firm knows what it takes to reach a favorable outcome for your case.

  • Small Firm, Big Results

    You do not have to retain legal counsel from a big-city attorney for top-notch representation. Our firm serves clients throughout Texas.

  • Father of Four

    Our founding attorney knows how much of a toll legal issues can take on a family. For that reason, we do what it takes to protect our clients' best intersts.