Blood Draw DWI
The effects of an arrest and criminal charges can have long-lasting, expensive consequences on a
person’s life. Learn valuable information from a defense attorney in Austin.
Overview Of DWI Blood Draws In Texas
False Positives In Blood Testing
Challenging Blood Draw Results
- False promises of leniency by law enforcement made to obtain the sample
- Defective warrant
- Coercive threats made by law enforcement during the process of obtaining a sample
- The sample was taken by individuals without the proper qualifications – a blood sample requested by police must be taken by a physician, qualified technician, chemist, registered nurse, or licensed professional nurse.
- The sample was improperly labeled or stored
- Alcohol swabs to swab the skin prior to taking the sample
- Police destroyed all blood samples and failed to preserve samples for retesting
- Improper calibration of equipment used to test the sample
- Failure to take a blood sample in a sanitary place
Blood Testing and Retrograde Extrapolation Testimony
- The length of time between the offense and administration of the test
- The number of tests given
- The interval between each test given
- The individual characteristics are known to the expert at the time of testing such as the person’s weight, gender, tolerance for alcohol, the amount of alcohol the person consumed, the time of the last drink, and what the person had to eat before and while drinking
Intoxication Manslaughter – Second Degree Felony Punishment
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