Anna, TX asked in Civil Rights and DUI / DWI for Texas

Q: My fiancé was arrested for DWI and the officer tried to take his blood himself at the police station. Is this legal?

He was arrested for dwi in 2018. He is diabetic and police wanted to take blood to get his BAC. The cop tried to draw his blood himself in the police station himself and kept missing his vein. He has been waiting since 2018 to get a court date and it kept getting pushed out. We finally found out last month that the case was dropped several months ago and no one notified him. We think it was dropped due to the officers illegal actions and wondering where we should go from here.

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1 Lawyer Answer
Michael Hamilton Rodgers
Michael Hamilton Rodgers
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: What should you do now that your boyfriend's case has been "dropped"? You both should thank your lucky stars that the nightmare is over. If you think about suing the police, go talk to a civil rights attorney. I doubt you'd be able to get a good lawyer to take the case without you paying him or her several thousands of dollars. Remember that a case that has been "dropped" might get picked up and re-filed if you file a grievance against the officer or try to sue his department. I advise that you recognize that you have "won" and and be through with the matter.

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