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blood-alcohol tests Archives

Despite Supreme Court Ruling, Warrantless Blood Draws Continue To Be an Issue in Texas DWI Cases

In 2013, in a case called Missouri vs. McNeely, the U.S. Supreme Court ruled that most warrantless blood draws in DWI investigations are unlawful. The high court said that exceptions can be made in emergency situations, but that the need for a mandatory blood draw must be examined on a case-by-case basis.

Hoelscher Gebbia PLLC Leads Fight Against DWI Blood Draws

Continuing the fight against mandatory blood draws in DWI cases, I recently joined a panel of DWI defense attorneys to speak out against the Bexar County District Attorney's policy of forcing DWI suspects to submit to mandatory blood alcohol tests (KSAT News story here). Prosecutors in Texas are powerful supporters of the policy to take blood in suspected DWI cases because the blood results help support cases that would otherwise be dismissed. The reason the DWI blood draws can't be trusted, however, is precisely because they are only done to support prosecution, not scientifically or objectively.

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Hoelscher Gebbia, PLLC
3030 Nacogdoches, Suite 222G
San Antonio, TX 78217

Toll Free: 866-608-9939
Toll Free: 866-608-9939
Phone: 210-570-9902
Phone: 210-570-9902
Fax: 888-519-8229
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