Updated: Jun 5, 2019
Without a lawyer that understands the complexities of DWI/blood evidence issues, the odds are stacked against the citizen accused. Under Texas law, a person is driving while intoxicated if their blood results demonstrate a blood alcohol content greater than .08 or the individual exhibits loss of physical/mental faculties.
Most DWI arrests in Texas are the result of either a warrant for a blood draw, or if the individual provides consent to a blood draw. If the accused refuses consent to provide a specimen, DPS could suspend their license as punishment for refusing to cooperate.
Attacking Blood Evidence Collection
Blood samples are generally drawn by nurses using an antiseptic swab that does not contain alcohol. Experienced attorneys understand the requisites that the individual drawing the blood must possess in order for the sample to be valid. This office has handled cases where charges are completely dismissed solely because of the lack of qualifications of the individual collecting the blood sample.
A variety of different factors can affect the blood sample. For example, the preservation. The blood vial should be stored in a refrigerator soon after the blood is drawn. Additionally, attorneys must be checking the integrity of the sample, comparing the expiration date on the blood kit vs. the date the blood kit was used. Your attorney also has the ability to have the blood retested, something that most attorneys do not do on behalf of their clients.
Make sure that if you find yourself charged with a DWI, you hire an attorney that understands the intricacies of the blood evidence. Contact our office for a free consultation.