Commerce, TX DWI Law Firms & Lawyers

Not unless one of the tests is off or they were taken at different times. Your body processes alcohol at a rate that is dependent upon things like your weight, you stomach contents, your metabolism, etc. Therefore, if the tests are taken at different times, they will show different results.

Your attorney is giving you great advice. It takes a while for you to get in front of the judge if you report near the weekend. If your attorney is telling you this, he likely knows how much time it takes for you too get in front of that Judge. You should listen to your attorney. Good luck.

Yes, you can still be charged. If the arrest was only 5 days ago, the most pressing issue is the ALR. If the officer confiscated your DL, he will have sent that paperwork to Austin. So, the clock is ticking. You have only 15 days from the date of arrest to contest the 6 month suspension of your license. I specialize in DWI cases, and can tell you that I handle the ALR on every single DWI case I'm hired on, provided I am hired within that 15 day window. It gives us an opportunity to fight to prevent the suspension. Also, it's our only real opportunity to get live testimony from an officer prior to trial.  As for the arrest, here's what will happen. The hospital should have drawn the blood. It will then be sent to a lab to be tested for the BAC level. Once the report is issued it will be sent to the agency that requested the testing (the arresting agency and/or the DA's office). If the BAC is at or above a .08 either a warrant or a summons will issue for your appearance on the case.  Right now there's a pretty significant backlog for blood testing at the labs. So, it could take up to a couple of months before you hear anything back on the blood. But, don't wait. Again, you can still fight the ALR; and it's an important piece of the discovery process in a DWI defense.