Legality of an Alcohol Blood Test
Recently, our Texas Legislature provided for a compulsory (forced) alcohol blood test from persons arrested for a third DWI, a State Jail Felony DWI (any DWI with a child [15 and under] as a passenger), intoxication manslaughter (the unfortunate DWI when a person dies from the accident) and even any DWI where a blood search warrant is issued by a ‘neutral’ magistrate to force an alcohol blood test.
This invokes visions of Old England between 1485 and 1603 when blood was crudely drawn to purge the subject. Even in earlier times blood was drawn to torment, persecute and torture. Subjects were strapped, against their will, to a chair or table and the executioner went to work.
Does this seem too ridiculously melodramatic? Think about it. Without taking your blood, you’re already charged and arrested for DWI by an officer’s opinion. You have been handcuffed (put in chains) like a criminal. You’re taken to a jail (iron cage) until someone can buy you out (bonded out). If a friend or relative doesn’t have enough money to buy your freedom, you stay imprisoned until some day your case comes to a court. Meanwhile, a Government Prosecutor tries to make you plead Guilty. Does this sound familiar, like the time our Forefathers told King George to stay out of America?
Blood draws are becoming more common in DWI arrests. Either the citizen is duped into consenting (remember, they’re already arrested!) to a blood draw, or it is taken forcefully. The Government seems to think a blood test is the I-Ching of DWI evidence. I’ve heard government employees refer to it as the ‘gold standard’ of tests. (Remember, gold values on the stock market rise and fall, and sometimes crash.)
I have intently studied the Gas Chromatograph, which is the machine used to analyze blood samples. I won’t go into detail here because it would take many pages just to scratch the surface of the subject. Let me just say, I welcome DWI blood test cases because the testing procedure from blood draw to analysis gives many reasonable doubts to the case!
If you’ve had a DWI arrest and they took your blood with a blood test, call me and I’ll answer all your questions and remove your fears!