Listen to how DWI by blood test charges are prosecuted in Dallas County Texas. Attorney Richard C. McConathy discusses issues pertaining to defending those accused of blood test related DWI in Dallas County.
My father, grandfather, and myself have practiced in this county, big D as they like to call it. Regardless of who the DA is, democrat or republican, you better be sure they’re going to be coming after you. When blood is drawn, it is very important how it is stored and transported to the local lab unit. When challenging a blood test, it’s a two-part procedure. It’s one looking at how the blood was drawn number one and find out if it’s in accordance with the health and safety code. If obviously the officer is taking in blood in an unsanitary environment, it brings into question the validity of it. The second part is after the blood has been taken from the body, whether or not it’s being properly tested at the lab unit. Recently many of these lab units have come under attack because many of the employees have been found lying, been found falsifying documentation, and in addition to it, just being incompetent by leaving the blood out in area where it won’t be properly tested. A lot of times you have a police officer, these guys got tough jobs to do; They’re writing traffic tickets, they’re going out and their breaking up fights between husband and wife, they’re working an accident scene, now all the sudden they got to transport biological substances across town. Most of the time a police officer will take the blood, simply throw it in the back of the trunk, not iced, and then spend the next 3 days driving around delivering warrants and doing traffic stops. All of the sudden he remembers I got to get the blood to the unit. A lot of times that blood is already coagulated, and there is a major key component: If that blood begins to coagulate inside the vile, it will create what is called a candida applicant, which is basically the blood is being dissolved. As the blood tissue begins to be eaten away, the only thing that’s left is the ethanol, creating a higher alcohol concentration. So, at the end of the day, are they really testing your blood, or a blood martini? So, its key in the science to not only understand how blood is drawn, but then going through the nuances of the paperwork to find out where those minor mistakes were made. This is the big difference between winning or losing.