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.
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Criminal Defense Attorney
Douglas Wilder
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. .
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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I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10."
- Isaac Harrell
After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm."
- JJ Canter