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Vial of Blood to be Tested in a DWI Case

Common Lab Mistakes in DWI Cases

Published: Oct 23, 2018 in Criminal Defense, DWI

When you find yourself charged with driving while intoxicated (DWI), you’re likely feeling nervous and worried about what your situation might lead to. Will you go to jail? What will happen to your driver’s license? Will you have to go to court? As these and other questions run through your mind, you should consider reaching out for help. A lot can happen from the point of your arrest through the end of a legal case, so it’s important to retain the counsel of a skilled Houston DWI attorney who knows the ins and outs of Texas’ laws regarding drunk driving.

At The Law Offices of Ned Barnett, we have experience helping clients with every step of the legal process following allegations of criminal misconduct. From the initial stop to blood alcohol content (BAC) testing and beyond, we can help you with your case. Lab mistakes during BAC tests are critical when it comes to your DWI case. Results of such tests could change the course of your case drastically, and a potential conviction could have major consequences, so it’s vital to ensure your results are as accurate as possible.

If you are concerned about lab mistakes in your BAC test results, reach out to an attorney at our firm today to schedule a free and confidential case consultation. We can be reached at (713) 222-6767, or via our online form.

Lab Errors in DWI Cases

Lab mistakes in DWI cases are more frequent than you might think. The most common lab mistakes in DWI cases seem to be the results of human errors in the lab, including:

Breaking Lab Protocol

When you submit to a blood or urine test to measure your BAC level, the employees in the lab must follow a certain set of rules to ensure you receive the most accurate result as possible. For example, if a lab employee does not properly store your sample, accidentally contaminate your sample, or if they do not ensure that the testing equipment is calibrated correctly, you can get skewed results that hurt your case. Lab employees must follow testing regulations to the letter, so if you’re concerned a lab technician skipped or missed a step in testing your blood or urine, reach out to an attorney today for help.

Disrupting the Chain of Custody

In September of this year (2018), in Houston, The Department of Public Safety (DPS) accidentally mailed a blood sample from a felony DWI case to an outside party, potentially disqualifying the evidence. A Houston attorney mistakenly received the evidence in the mail, the chain of custody of the evidence was broken, and the suspect could have been convicted based on rest results from mishandled evidence.

The chain of custody of your lab results is vitally important to your DWI case. If an error was made in handling a blood or urine sample you provided, The Law Offices of Ned Barnett can help.

Test Result Mix-Ups

In 2013, a Texas lab official testified conflicting information when he mixed up the blood test results of two separate samples. In 2016, attorneys began calling into question many of his other testimonies. Attorneys, defendants, and the public are now questioning the past and present work of the once reputable individual who made a seemingly simple mistake.

Lab employees are humans and can make mistakes, but their errors should not derail your DWI case. If a mixed-up test result caused you to face criminal charges, contact us today for help.

Call Us Today for Help With Your DWI Case

If you believe you might be a victim of lab mistakes in your DWI case, you will need the best criminal defense attorney you can find to defend your rights. Attorney Ned Barnett has decades of experiences defending clients in Houston-area DWI cases, and he is familiar with common lab mistakes that are made in DWI cases. If you’re concerned about potential errors made in your case, contact The Law Offices of Ned Barnett at (713) 222-6767.