Blog Topic

Cases Involving Blood Tests
Posted by: Nicole DeBorde
September 17, 2009

Recent changes in DWI laws have led to the drawing of blood where law enforcement suspects that a driver may have been drinking.  In the past, the drawing of blood was reserved for cases where accidents involved serious injury or death, such as in cases of suspected intoxication assault or intoxication manslaughter.  Now, however, blood is being collected even from citizens who have not been involved in an accident.  Some of these cases involve search warrants which are issued for the collection of the blood, and some cases have no warrant at all.  Another change we are seeing is the way that blood is collected.  In times past, blood was collected either at a medical facility or at a law enforcement facility by someone who was supposed to be trained in the collection of blood.  Now, there is a push toward collecting blood from citizens on the side of the road when the person is suspected of driving while intoxicated or driving under the influence (DWI or DUI).

Aside from the obvious safety concerns with this new push toward roadside blood collection, there are many potential legal problems with these cases. Anyone charged with DWI as a result of a blood test would be wise to considert taking the fight of their case all the way to trial.  An experienced attorney should be able to scrutinize the process from start to finish.  For example, if there was a warrant, is it a good one?  Was the blood collected, stored, transported and tested properly?  One looming concern rests with the collection kits themselves.  Many of these kits will sit in hot patrol car trunks.  Certainly, the integrity of the contents of the storage viles could become compromised in circumstances where the kits are not maintained.  Without good collection procedures and proper handling, a lab cannot possibly have a scientifically reliable result to report to a jury.  A good lawyer should be able to analyze this type of evidence to determine whether or not the evidence should ever get in front of a jury.

DWI convictions can have life altering consequences.  Shouldn't you or your loved one have knowledgeable aggressive representation to make sure that sloppy, unreliable evidence does not result in a conviction?  Feel free to call us to discuss your case if you have a case involving an accusation of driving while intoxicated where the prosecution seeks to use a blood test as proof.

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Memorial Day DWI Taskforce
Posted by: Nicole DeBorde
May 27, 2009

Memorial Day weekend is typically a very busy weekend for the DWI Taskforce. Police are out in numbers looking for possible DWI suspects. Many counties, including Harris and Montgomery Counties are conducting "no refusal" weekends. What this means is that citizens suspected of driving (or even boating!) while intoxicated or under the influence can be forced to provide a specimen of their blood for analysis. In order to force the taking of blood, law enforcement will have a judge on call signing warrants for each person who refuses a breath test. Once police have a warrant, they will force the drawing of blood.

Just because police have a warrant does not mean that the case is a "slam dunk" for the State in a DWI case. First, the warrant has to be valid. Many times, errors are made in obtaining and preparing warrants of this nature. Also, the taking and analysis of the blood must be done in a particular way. Many times, mistakes are made at some point in this process. DWI's can be devastating to a person's permanent record. If you are accused of driving while intoxicated, you should contact an attorney immediately. You have the right to refuse to take tests, you have the right to refuse to take field sobriety tests (including that pen test - the HGN!) and you have the right to ask for an attorney.

Remember, it's always best to let someone else drive if you had too much to drink! It is not against the law to "drink and drive" as many would have us believe. It IS against the law to drive while intoxicated. There is a difference. If you or someone you know is accused of driving while intoxicated, or of driving under the influence of any alcohol or drug, call a lawyer right away. A good lawyer may be able to save your license and your criminal record!

Be safe!

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