Can I contest the blood test in a Texas DWI case?

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Question:

Can I contest the blood test in a Texas DWI case?

Answer:

When you are facing a Texas DWI you may not be sure what all is able to be contested in regards to the results of tests. One thing you need to look at is whether or not you submitted to a blood test when you were arrested. In order to be able to contest the results of these tests, you will need to make sure you are aware of the circumstances under which the test was given. If you willingly took the test and submitted to it at the request of the arresting officer there is nothing you can do to argue the results.

However there are some instances in which you may be able to argue the results of the test. You need to make sure you are completely aware of all of your options and that you know what happened before you attempt to contest the results.

Reasons to Contest the Results

If you are aware of your rights here are some of the reasons you may be able to contest the results of the blood test: • Did the officer have a legitimate reason to pull you over • There needs to be probable cause for the test to be administered • Did the officer inform you of your rights regarding the test • You must be aware of your Miranda rights before being arrested If any or all of these did not occur you may be able to argue your results.

Seek an Attorney

If you feel as though you are able to get better results for your DWI by going to court, you should seek the help of an attorney. Regardless of the situation, an attorney will be able to make the most of your bad situation.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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