DWI Blood Draws in Kaufman County
Blood draws are becoming more common in Kaufman County DWI cases. When I was the Chief Misdemeanor Prosecutor in Kaufman County we had few DWI blood draw cases. It’s only been in the last few years that these have become almost standard for DWI cases.
The first thing you should know about Kaufman County DWI blood draw is
You should never consent to a blood draw. Ever. No matter what. Don’t do it.
Let’s take a step back though and start with the moment you are stopped after having a drink. Know that you have the absolute right to refuse to participate in a DWI investigation. You don’t have to answer any questions about what you’ve been drinking or where you are coming from, and why would you? It’s no one’s business but your own and these are trick questions anyway. If you are pulled over late at night in Kaufman County and you have been drinking you are almost certainly going to jail. Officers are under pressure to make DWI arrests and some make up their mind about your guilt before you answer any questions or perform any field tests. Why would you go along with an investigation with a predetermined outcome?
Blood draws are just another thing to say no to. You may be threatened for refusing, the officer may tell you he will “get a warrant” if you say no. That’s fine, let them get a warrant. Warrants require probable cause and the signature of a judge. Which means, theoretically, someone will take at least a cursory look at your case before issuing a warrant. It’s that level of review the Officer wants to avoid with your consent.It’s difficult and expensive to verify DWI blood results in court
Blood evidence is a challenge for most DWI defense lawyers. The science of gas chromatography is not easy to learn. Few lawyers have the training or experience to really understand how to fight these tests. Our firm is known locally for aggressively litigating these blood draws, but it usually takes an expert to really understand if a blood draw is accurate or not. Experts costs money, subponeas cost money, fighting blood draws makes your case more expensive.
There are many problems that can occur with a blood draw. DPS has labs in Garland and Austin and they test most of the DWI blood samples.
And yes, I mean the same DPS that just pulled you over and arrested you is now going to test your blood. What do you think the results are going to be? They are on the same team as the prosecutor and they want you to be convicted.
Another reason to refuse is that everyone in the system and most jurors are going to assume the blood results are valid. Prosecutors are not taught to be critical of DPS labs, despite the fact that DPS has a history of scandals and fraud in their laboratories.
So if you had two beers, and your bac comes bac at .245 the prosecutor is going to assume you are a lying drunk and that the results are fine. Our criminal justice system convicts innocent people with alarming regularity, you can help decrease your odds of being another victim by not participating in DWI investigations. There is no innocence project for DWI defendants, we have vilified “drunk drivers” to the point that we ignore basic Constitutional protections in DWI cases and presume drivers guilty.
So just say not to a Kaufman County blood or breath test.