The Texas Department of Public Safety has developed Instructions for the Collection and Submission of Blood Specimens For Alcohol and/or Drug Determinations. These instructions are contained on a form labeled “LAB-12b Rev.05 (xx/2014) p.1 Issued by: QAC.”
The failure to follow these instructions often results in the criminal defense attorney filing a motion to suppress or exclude the blood testing evidence from trial. For this reason, in a DWI case involving blood testing, the attorney must look carefully at the procedures used before the sample was taken, the way the sample was collected, and the procedures to submit the sample to the crime lab for analysis.
After following these instructions for the collection and submission of the blood sample, the arresting officer will submit the blood sample to the Texas Department of Public Safety Crime Laboratory using the Toxicology / Blood Alcohol Kit Laboratory Submission Form. The officer must request that the sample be analyzed to determine the presence of alcohol, drugs, or both alcohol and drugs.
DWI Blood Sample Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If your DWI case involves a blood sample that was sent to the crime lab for analysis, then contact an experienced criminal defense attorney at Law Offices of Richard C. McConathy. Our attorneys represent clients in Dallas, TX, and throughout the surrounding areas in the DFW Metroplex.
Even if your blood sample shows a concentration of alcohol over the legal limit or the presence of any controlled substance, we can help. Contact us for a free consultation to discuss your case. Learn more about the charges pending against you, the typical penalties imposed for those offenses, and the best defenses to fight those charges aggressively.
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Instructions for the Officer Before Collection of the Blood Sample
The instructions for the officer before the collection of the blood sample include:
- Complete the Subject Consent Form and ensure that both subject and witnesses sign the form where indicated.
- Complete information requested on the Toxicology/Blood Alcohol Kit Laboratory Submission Form and the Blood Tube Seal(s).
- The blood specimen(s) must be drawn by a qualified professional (e.g. a physician, qualified technician, registered professional nurse, licensed vocational nurse, licensed or certified emergency medical technician) as described in the Texas Transportation Code §724.017.
- The blood collection should be observed.
- The second blood tube is a precautionary measure to provide an additional sample for testing.
Instructions for the Person Collecting the Blood Sample
The instructions for the person collecting the blood sample include:
- Cleanse blood withdrawal site only with a non-alcoholic prep pad.
- With hospital/clinic procedures, collect a full tube(s) of blood specimen from the subject in each provided blood tube or another gray top 10 mL Vacutainer®. In a 2 tube kit, both tubes should be collected at the same time.
- Immediately after blood collection, slowly mix the anticoagulant powder and blood by inverting the blood tube(s) several times.
- Transfer blood tube(s) directly to the officer and ensure that your name and title are on the seal(s) and submission form.
Instructions for the Officer Before After the Blood Sample is Collected
The instructions for the officer after the blood sample has been collected include:
- Immediately upon receipt of the filled blood collection tube(s), verify the information on the Blood Tube Seal(s), remove the backing from the seal for that subject, affix the circle on the seal to the rubber stopper, and press the ends of the seal down the sides of the blood tube(s).
- In order to comply with US Postal regulations, insert each blood collection tube(s) into an absorbent pouch. Then place the pouch into a plastic container and close the lid.
- Place the plastic container(s) in the foam holder inside the box and close the lid. Seal the box with the INTEGRITY SEAL where indicated and initial and date the seal.
- Check the Kit Laboratory Submission Form for completeness, refold, insert into the plastic pouch which is affixed to the outside of the box, and seal. If appropriate, include the lab copy of the DIC-23A in the submission form.
- The sealed kit may be either mailed or hand-delivered to the appropriate laboratory.
- If the submission is delayed, it is recommended to refrigerate the specimen until sent to the lab.
- Affix a self-adhesive mailing label to the box. If mailed to the laboratory, completely fill out the label (see a listing of DPS labs on the back of the instruction sheet). It is VERY important that your name and phone number are included in the return address. Postage will be necessary if the kit is mailed to the laboratory.
Instructions for ALR cases Using DIC-23A and Case Documents
For ALR cases involving a blood or urine specimen, the arresting officer will submit the Specimen Routine Report (DIC-23A form) and case documents to Enforcement and Compliance Service, PO Box 4040, Austin, TX 78765.
Toxicology / Blood Alcohol Kit Laboratory Submission Form – The arresting officer will then submit the blood sample to the Texas Department of Public Safety Crime Laboratory using the Toxicology / Blood Alcohol Kit Laboratory Submission Form (LAB-12 Rev. 05 (07/2018) p.1 issued by: QAC). The arresting officer can request alcohol, volatile, and drug analysis of the sample. The form requires the officer to disclose whether the sample was taken from a driver or non-driver, a driver under 21, or a person driving a commercial vehicle. Additional case information includes the case synopsis, intoxilyzer results, PBT result, or DRE (Drug Recognition Expert) Exam Administered.