Defending Blood Draws Versus Defending the Breath Test

April 26, 2015

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

There are many strategies to specifically attack either a breath or blood result, but today I’m going to compare blood and breath samples very generally.

Generally speaking — the most vulnerable aspects of either test is due to the degree that a human can either intentionally or negligently effect the outcome.

Jurors tend to have a bit of a natural skepticism against the science and technique regarding the breath test, but jurors unfortunately don’t scrutinize blood tests quite the same way.  On the other hand, the process for administering the breath test is ‘idiot proof’ whereas the procedure for taking, shipping and testing the blood is filled with human contact.

The Breath Test

The breath test is based on extracting the alveolar breath from one’s deep lungs.  That breath sample has to (1) come from the deep…

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How Long Does a Conviction Stay on a Criminal Record?

April 3, 2015

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

Forever.

I ask this question frequently when I’m picking jurors and believe it or not, very few people know this.

I guess it’s understandable because not everyone is a criminal defense attorney or have a loved one weighted down with a conviction.

A conviction in Texas stays on your criminal record forever.  It’s hard to quantify the amount of opportunity costs which are lost due to convictions, but everyone has been asked before when renting an apartment, applying for a job, or seeking a loan, to check the ominous box asking if they’ve ever been convicted of anything other than a minor traffic ticket.

Criminal convictions can even hurt you in things such as adoptions, immigration status, and voting rights if the conviction is a felony.  The collateral consequences are countless.  Here is a good article about the…

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