DWI Blood Tests

New Blood Test Laws

As of September 2009, a new law in Texas was enacted regarding blood tests for DWI cases. Police officers can now order a blood test from a DWI suspect if:

  • A person other than the DWI suspect suffers bodily injury and is transported to a hospital
  • Someone dies as a result of a DWI related crash or is expected to pass away
  • At least one of the passengers is under 15 years of age
  • The person under suspicion for DWI is a repeat offender
  • The suspect refuses to voluntarily submit to a drug test

In earlier times, police officers had to obtain a warrant from a judge in order to demand a blood sample. In light of this new law, it is vital to contact an experienced Houston DWI lawyer to work on your defense. At Chernoff Law, we see many potential problems with the law and how it will be implemented. These issues may be able to be used to your advantage to secure a positive outcome in your case.

Blood Test Problems and Houston DWI Cases

Many times, blood tests can be successfully challenged in a DWI case. If the alcohol swab used to sterilize the area of the blood draw is contaminated, this can affect the results. There is only one blood sample that is taken. If there is some problem with that sample, this may be used in your defense. If the preservative and anti-coagulant in the blood sample are not properly mixed, it can cause the sample to ferment. This can bring about an incorrect test result.

This new law is an attempt to step up the pressure on drinking and driving. Many attorneys see constitutional problems with forcing someone to have an invasive action like a blood test. If you are convicted for a DWI, the consequences can be heavy fines, jail time, loss of your driver’s license, loss of wages and a permanent criminal record. These are prospects that no one wants to face.