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Back-to-Back DWI Blood Case Acquittals in Back-to-Back Weeks

Convincing a jury to find someone accused of DWI where there is a blood test purporting to show they were over the 0.08 legal limit is a difficult task. Doing it twice in two weeks is an even greater challenge. Brent Mayr, Board Certified Criminal Attorney, however, accomplished it, earning “Not Guilty” verdicts for two of his clients in back-to-back weeks. On August 18, 2014, Mayr proceeded to trial on a DWI case where the client was arrested and charged with DWI after being involved in an accident on a rainy, Halloween night in 2013. After the client refused a breath and blood test, law enforcement obtained a search warrant to take the client’s blood. Testing purported to show that the client had a blood alcohol concentration (BAC) of 0.127. At first glance, it appeared to be an impossible case to win. Mayr, however, discovered critical errors with both the search warrant and blood testing process, and was ultimately able to convince the judge in the case to direct the jury to find the client “Not Guilty” based on insufficient evidence after one day of testimony. The following week, Mayr, along with attorney Juan Guerra, proceeded to trial on a DWI case where the client was arrested by a Houston Police Department DWI Task Force officer. The client likewise refused a breath and blood test and had his blood drawn after the officer obtained a search warrant. The test result showed the client had a BAC of 0.107. During a skillful cross-examination of the State’s toxicologist, Mayr was able to get the witness to admit to a number of...