The Medlin Law Firm
Highlighting the DWI Blood Draw Process in Texas
If you have been accused of driving while intoxicated (DWI) in Texas you may face a bewildering array of tests. The DWI blood draw process is the most physically-invasive test as well as the most reliable one. However, there are improper procedures that can skew results. There are numerous uncertainties. The Texas blood test should be carried out as soon as possible after the time of driving, to be reliable for a jury. However, it can often take an hour or two before blood is drawn from a DWI suspect. It may take a considerable time for an officer to get to the person to a proper medical testing facility to draw the blood. Officers must also apply for a warrant to draw blood. In some cases, a police officer may seek to conduct the test in a jail or another facility that’s unsuitable for the purposes and may even impact the reliability of the result. On occasions, the law allows blood to be taken by an individual with less training than a doctor or a nurse. Some police departments have trained people as phlebotomists and there are private companies that can supply phlebotomists on a contractual basis. Criminal defense attorneys have concerns about their level of training and expertize. A medical professional should prepare for the blood test. He or she should use a properly prepared blood test kit with a grey top tube. The color designates what kind of tube this is, and if it’s suitable for forensic blood testing. The tube must contain two different substances, an anti-coagulant to prevent blood from solidifying and a preservative to keep the blood from fermenting and creating its own alcohol. The blood testing kit must not have expired and the test tube to be used for the sample must have a vacuum to prevent contamination prior to a blood test. There are other potential contamination dangers that an inexperienced or improperly trained party may not be aware of. They must not use an antiseptic that contains alcohol because this could contaminate the blood draw and give an incorrect reading. On occasions, the person drawing the blood may not obtain a large enough sample for testing. This is a know as a short draw. On occasions, the needle may not be properly inserted, damaging the vacuum and allowing contaminants to get into the blood tube. There are many ways in which a DWI blood test may be compromised. Site preparation, blood extraction, the needle gauge, the type of needle used in the process, the vacuum tube and storage methods for the sample must be examined to make sure they comply with code. A failure in the DWI blood draw process can invalidate your drunk driving charge. An experienced Texas DWI attorney can look for errors in testing. Please call us today for a free consultation about your case .
Embarrassment drives many of these cases before the evidence ever does. A few messages, a hotel arrangement, or a sting operation can quickly become a felony accusation in Fort Worth, even when the actual communication is more ambiguous than the charge suggests. The Medlin Law Firm helps clients by slowing that process down and reading the full record, not just the worst line quoted in a police report. In solicitation cases, the wording, sequence, and context of the messages often matter more than the headline attached to the arrest. The firm reviews the conversation thread, undercover reports, timeline, and any missing recordings or gaps in the evidence. Cases involving phones, apps, and undercover contact need careful review because the facts are often narrower than the accusation. Fort Worth clients need more than reassurance in this situation. They need a clear look at what the State can prove, what evidence should be preserved, and how to respond before reputation damage gets ahead of the case itself. The Medlin Law Firm 1300 S University Dr #318 Fort Worth, TX 76107 (682) 204-4066 https://www.MedlinFirm.com/locations/fort-worth/