Pasadena, TX asked in DUI / DWI for Texas

Q: is it legal for an officer to take the blood sample from the hospital after it was drawn a possible DWI victim?

My husband was arrested back in Sept. 2016 at 9am in the morning and was at the jail for 2 hours than was taken to the hospital to retrieve a blood sample and once drawn they handed it to the officer in which stood there talked to the Dr. for an hour before leaving with the blood, the jailer called me to pick up his belongings and to let me know where he was I went to the hospital and picked him up. We never heard anything else about it. 10 mths later a constable ran his plate saw a warrant which we knew nothing about and he was pulled over and arrested and in Jail now. is there a case or can we fight this due to the blood being handed over to the officer and not sent to a lab for testing

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1 Lawyer Answer
Deborah Ann Bankhead
Deborah Ann Bankhead
  • Fort Worth, TX
  • Licensed in Texas

A: The blood draw taken at the hospital appears to have been pursuant to a DWI arrest. This can be done with either consent or a search warrant. The officer has a special blood kit to retrieve the sample and then take that sample back to the police department where it is submitted for analysis at an accredited lab. Once the result of the analysis is received, an arrest warrant may be issued the finalize the process. Once arrested, a bond will be set and if made, would secure your husband's release. From there, the case is filed with the appropriate District or County Attorney's office and the court process begins. You will need an experienced, local DWI attorney to assist in fighting the case. Good luck!

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