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Blood Testing

Blood Testing

If breath test evidence is the crown jewel of evidence for intoxication offenses, then blood test evidence is the Holy Grail of evidence.

All over Texas, and especially in Houston, blood testing has become more and more popular. Many cities, Houston included, now have what they call no-refusal weekends. In Houston, every weekend is a no-refusal weekend. This means that if you are arrested on a weekend, the officer arresting you will seek and obtain an evidentiary search warrant to have your blood drawn in the event that you refuse to give a specimen of your breath or blood.

In such instances, you will be taken a hospital and once the search warrant is signed and faxed over to the hospital, a nurse, or any qualified medical personnel as defined by the Texas Transportation Code, will draw your blood in accordance with the signed search warrant. This can often times take hours after the time of your arrest.

The Texas legislature also enacted what they call “mandatory blood draws”, whereby they could bypass the warrant requirement and have your blood drawn anyway for certain DWI cases.

In you were arrested for any of the following DWIs, you currently fall under the mandatory blood draw category.

  • DWI resulting in an accident (someone taken to hospital)
  • DWI with Child Passenger
  • Felony DWI (DWI 3rd or more)
  • Intoxication Assault
  • Intoxication Manslaughter
  • SCOTUS – McNeely Opinion Impact

Blood Testing

Blood Testing

If breath test evidence is the crown jewel of evidence for intoxication offenses, then blood test evidence is the Holy Grail of evidence.

All over Texas, and especially in Houston, blood testing has become more and more popular. Many cities, Houston included, now have what they call no-refusal weekends. In Houston, every weekend is a no-refusal weekend. This means that if you are arrested on a weekend, the officer arresting you will seek and obtain an evidentiary search warrant to have your blood drawn in the event that you refuse to give a specimen of your breath or blood.

In such instances, you will be taken a hospital and once the search warrant is signed and faxed over to the hospital, a nurse, or any qualified medical personnel as defined by the Texas Transportation Code, will draw your blood in accordance with the signed search warrant. This can often times take hours after the time of your arrest.

The Texas legislature also enacted what they call “mandatory blood draws”, whereby they could bypass the warrant requirement and have your blood drawn anyway for certain DWI cases.

In you were arrested for any of the following DWIs, you currently fall under the mandatory blood draw category.

  • DWI resulting in an accident (someone taken to hospital)
  • DWI with Child Passenger
  • Felony DWI (DWI 3rd or more)
  • Intoxication Assault
  • Intoxication Manslaughter
  • SCOTUS – McNeely Opinion Impact
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Kenny McKee
Kenny McKee
17:11 11 Dec 18
They did a great job getting rid of my parking and speeding tickets. I recommended them to my friends and family. And they've also experienced the same professionalism and great quality service at an affordable price.
Brian Gomez
Brian Gomez
16:50 11 Dec 18
Dustan and his staff create the best team. They know the law, and made me feel like I was involved and understood everything that was going on. Dustan took the time to explain to me and my family what we could expect, and then led the way.
Heidi Etter
Heidi Etter
15:33 11 Dec 18
Dustan and his staff helped handle my divorce proceedings. He was incredibly knowledgeable and on top of everything I needed to do. Everything was handled in a timely and professional manner. I’m very thankful for his expertise in helping me to manage a difficult situation.
Jordan Bradshaw
Jordan Bradshaw
15:31 11 Dec 18
The staff at Greco Neyland helped a friend of mine on a case. Everyone was so nice and friendly! I definitely recommend them to anyone who needs someone knowledgeable who also really cares about their clients.
Justin Washington
Justin Washington
23:12 06 Nov 18
Dunstan and the staff at Greco Neyland are truly professional and very helpful and understanding through the process. I was facing a felony case and Dunstan got it no billed . I definitely recommend this firm if you want a lawyer that’s going to defend and fight for you.
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