Blood Test Results
One quiver in the State's arsenal is the fact a defendant's BAC can by shown by an analysis of a specimen of the defendant's blood. Texas courts have held that blood tests results can be admissible in a prosecution for DWI if the following prerequisites are met:
- The blood specimen must be taken in a sanitary place;
- The blood specimen must be taken by a licensed vocational nurse, physician, qualified technician, chemist, registered professional nurse;
- The proper chemicals were used and they were properly compounded;
- There was periodic supervision of the procedures;
- The gas chromatograph was properly used;
- The operator of the gas chromatograph properly understood the scientific theory; and
- The State presented an expert who was qualified to translate and interpret the test results.
The impact of blood test results, when presented before a jury, are obvious. The jury will put a lot of weight on the results of the test when determining if you are intoxicated. Thus, it is important that you hire an attorney who knows the particular requirements of the admissibility of blood test results.
Contact a
Plano DWI lawyer today to begin your aggressive defense.