If you were pulled over in Texas and charged with driving while intoxicated, there’s a good chance the state is using a toxicology report as part of their case against you. These reports tell the court what was in your body at the time of the arrest—like alcohol, drugs, or both. They are often seen as key proof. But here’s the thing. Just because a toxicology report says something, doesn’t mean it tells the whole story.
How toxicology reports are made and used
In most DWI arrests, the officer asks you to give a breath, blood, or urine sample. If you agree, your sample is sent to a lab. That lab tests for alcohol and drugs. They use machines and formulas to come up with numbers. Then, the lab sends a report back to the police or prosecutor. That’s the toxicology report.
The state often uses that report in court to show your blood alcohol content (BAC) or to argue that you were under the influence of drugs. But this is where things get tricky. The numbers may show something was in your system. That doesn’t always mean you were too impaired to drive. And in Texas, what matters is whether you had lost the normal use of your mental or physical abilities.
Timing matters more than most people know
A big part of a DWI case is about timing. If your blood was taken an hour or two after your arrest, your BAC may have changed from when you were actually driving. Alcohol levels rise and fall over time. This is called the “rising BAC” defense. If your alcohol level was under the legal limit while you were driving, that matters—even if it rose above the limit later when the blood was drawn.
PROTECTING YOUR RIGHTS AND FUTURE Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
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Testing for drugs can be even more confusing
Alcohol leaves the body fairly quickly. Drugs do not. Some drugs can stay in your system for days or even weeks. If a toxicology report shows drugs in your system, that doesn’t mean you were high when you were behind the wheel. It just means you used the drug at some point recently. There’s a big difference between having a drug in your system and being impaired by it.
Plus, some legal medications can cause you to test positive. Things like cough syrup, sleep aids, or anti-anxiety pills can show up. That doesn’t make you guilty of DWI unless the state can prove those drugs kept you from driving safely.
Who’s running the tests and how reliable are they
Lab tests sound scientific and exact, but they are not always perfect. Human error can happen. Machines can break. Samples can get mixed up. In Texas DWI trials, a good defense lawyer often looks closely at how the testing was done. Was the machine working right? Was the sample stored correctly? Was the person who ran the test properly trained?
Sometimes the person running the test is not in court to explain their work. That can raise serious questions about whether the report should be trusted. And in some cases, reports have been thrown out because the lab didn’t follow the rules.
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Why your lawyer needs to challenge the toxicology report
If you’re facing a DWI charge, you need someone who knows how to read a toxicology report and ask the right questions. These reports can sound very convincing to a jury. But that doesn’t mean they’re right. A strong defense may involve getting your own expert to look at the test. It might mean showing how the report doesn’t match what you looked or acted like during the stop. Or it could involve showing that the state didn’t follow the proper steps in collecting or testing your sample.
What happens if the toxicology report is wrong
When a toxicology report is wrong, it can wreck a person’s life. Maybe the lab made a mistake. Maybe the report was based on a flawed test. Or maybe the officer who drew the blood didn’t do it right. These things happen more than people think. The problem is, by the time you get to court, the state is already using that report like it’s the full truth.
A report that looks official can be very convincing to a jury. But just because something is written down doesn’t mean it’s solid. If your lawyer doesn’t push back, that report might be all they see. That’s why it’s not just about having a report. It’s about what that report truly means—and whether it’s been handled the right way from the start.
The role of the defense in testing the test
A smart defense attorney doesn’t just accept a toxicology report at face value. They dig into how the test was done. They check to see if the machine was certified, if the method was approved, and if the people involved had the right training. They look for missing records, signs of carelessness, and other red flags.
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Sometimes, the best move is to bring in an independent toxicologist. This person can review the state’s work and offer a second opinion. If that expert finds problems, it can change the entire case. The goal is not to argue against science—it’s to make sure the science is being done right.
Toxicology reports can’t tell the whole story
Even when a report is accurate, it only tells one part of what happened. It can’t show how you were driving. It can’t tell if you were confused, tired, or just nervous. It doesn’t explain if you were struggling with a health issue, or if the officer made a mistake in judging your behavior.
In Texas, the law says the state has to prove that you lost the normal use of your mind or body because of alcohol or drugs. That means they have to go beyond the report. They have to show how your driving, your speech, your balance, and your behavior all pointed to you being impaired.
The stakes are high and your future is on the line
In Texas, a DWI conviction can mean fines, jail time, a lost license, and more. The toxicology report might be the strongest thing the state has. But that’s exactly why it needs to be looked at closely. If the report isn’t as strong as it seems, your case might not be either.
What to do next
If you or someone you love is facing a DWI in Texas, don’t wait. Call someone who understands how these cases work. Toxicology reports are only one part of the story, and they’re not always right. You deserve to have your side heard. The Wilder Law Firm has helped many people across Texas challenge DWI charges and toxicology evidence. Reach out today to get a clear plan and take the first step toward moving forward.