Texas DWI Blood Test

Attorney Marsh
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Fighting a DWI in Texas can be difficult enough on its own. As I’ve discussed in other blog posts, DWI’s have two issues. One is the ALR License Revocation Hearing which affects your Driver’s License and possible suspension. The importance of preparing for an ALR Hearing can not be undervalued.  If your license is suspended following the ALR Hearing, you will need to Request an Occupational Driver’s License. The other is the DWI criminal case against you. Defending a Texas DWI Blood Test is different than a breath test defense.

Recently, one of my clients was charged with DWI and voluntarily gave a blood sample. Since the sample was given voluntarily, I won’t explain the issues involving blood taken with or without a warrant – as in the Texas DWI No Refusal Law. This client’s case involved an accident where he was taken to a hospital for medical treatment. Hospital staff took his blood sample, as required by law. A Texas DWI Blood Test must be taken by trained, medical professionals.

Now… let’s get to the big question – How do I fight my Texas DWI Blood Test case?

DWI blood draw cases involve laboratory testing of blood samples by licensed laboratories, operated by trained professionals. These labs and their employees must meet strict requirements for the blood test results to be considered reliable.

The requirements for labs are set out by State standards. Labs must maintain state licensing/certification requirements. Also, labs must follow their own procedures and guidelines when testing blood. For example, lab equipment has to be properly calibrated, maintained, and up to date. As with any other precision machine, parts wear out and need to be replaced. Lab manuals will usually outline the proper maintenance intervals and proper handling procedures for blood samples. Inaccurate machines, poorly handled blood samples, and failing to follow procedures can result in inaccurate blood test results.

Employees, similar to the labs themselves, need to go through similar certification and/or licensing requirements. If an employee is improperly trained in blood test procedures, the results can be invalid. In addition, employees need the proper education and skill to stay current with the science behind blood testing.

In order to present the strongest defense possible against a Texas DWI Blood Test case, it is very important to carefully review the lab records and its employees who performed the testing. When it come to DWI blood test cases, the devil is in the details. Accurate results require accurate labs and accurate technicians.

I’m requesting thorough Blood Test Discovery from the State. My request will include very specific requests from the State labs and technicians. If their work is inaccurate, incomplete or does not conform to State standards or the labs’ own standards, it will benefit your defense tremendously.