What to Know About Blood Draws in Texas DWI Cases

 Posted on January 26, 2024 in DUI/DWI

DWI offenses in Texas are very serious charges that can have a cascade of negative implications on the individual charged. Of course, these implications become even more dire if a person is not only charged but convicted. In many Texas DWI cases, an officer may request an individual suspected of DWI undergo a blood test to examine further whether the person is intoxicated. The officer must obtain a search warrant to draw the blood in such cases lawfully

If a blood draw was part of your DWI arrest, you need an aggressive lawyer to come to your defense immediately. There are defense strategies available that only an experienced attorney will be able to employ in your defense. To give yourself a fair shot at battling these charges, contact a skilled lawyer.

Understanding Blood Draws in Texas DWI Cases 

In Texas, law enforcement officers can request a blood draw from a suspected DWI offender to determine their blood alcohol concentration (BAC). This evidence is often deemed highly reliable and can significantly impact the outcome of a DWI case

Challenging a Texas DWI Blood Draw

However, there are several ways an experienced lawyer can challenge the validity of a blood draw, including:

• Chain of custody – A lawyer may challenge a blood draw by scrutinizing the chain of custody of the blood sample. They will examine whether the blood sample was properly collected, stored, and transported, ensuring it was not contaminated or tampered with. Any mishandling or violation of proper procedures can doubt the accuracy and reliability of the blood test results.

• Proper administration of the blood draw – A lawyer can challenge a blood draw by examining whether the procedure was conducted correctly. They will investigate whether the person who drew blood was properly trained and certified, whether the equipment used was calibrated and maintained, and whether the necessary sanitary precautions were followed. Any deviations from proper protocol can raise doubts about the accuracy of the blood test results

• Fourth Amendment Violations – The Fourth Amendment protects people from unreasonable search and seizure. A lawyer may challenge a blood draw by arguing that it violated the suspect’s constitutional rights. For example, if the blood draw was conducted without a valid search warrant or the suspect’s consent, it may be deemed an unlawful search. In such cases, a lawyer can seek to suppress the blood test results as evidence.

Contact Our Houston, TX DWI Lawyer 

For legal representation as you fight these charges, the dedicated Texas DWI attorney with Murphy & McKinney Law Firm, P.C. can help. Call 713-229-8333 for a free consultation today.