Legal Question in DUI Law in Texas

My almost 20 year old granddaughter came home to her mom a while back, she could barely walk, my daughter had to almost carry her inside the house. She said she'd been up all night, camping, with a half sister and half brother and friends -But she wasn't drunk, she didn't do Anything!! My daughter had errands to run and told her to lay down and sleep and they'd talk later. After she left, granddaughter got up and went into town, and ran her car into a tree= totaled it. She failed the field sobriety tests. Slurred speech and staggering. The police took her to local hospital and she checked out uninjured. They did a blood test for alcohol+ . It certainly appears she was wasted on something. but my daughter says some young attorney is saying that the police did an illegal blood test and that it can take 6 months to a year to get those results back. I live in a small Texas town (Luling) but this is certainly news to me, as back in early 80's I myself worked with PD and SO as dispatcher ( in another county) and I recall it differently. What can you tell me about this situation?? Does it Really take that long to get results now? And that attorney also said the PD has to get a warrant to have that blood test taken as well... This just doesn't make sense to me... Any help would be very appreciated.


Asked on 7/02/16, 1:17 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

The police have to get warrant for a blood test on a normal DWI stop. However there is a statute that allows the police to avoid the warrant if there is no accident. The case that requires a warrant was decided after the statute that allows the police to avoid the warrant if there was an accident. I'm not sure about the time to for the police "illegal" blood test. What often happens is the police will wait until they have enough blood tests to make up a batch to sent to the lab. I don't understand why the police don't just use the hospital blood test.

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Answered on 7/03/16, 5:54 am


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