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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.

Some counties in Texas have heeded the Supreme Court's ruling and stopped warrantless blood draws -- except when a wreck has caused serious injury or death. Other counties continue to draw blood without a warrant, and in many cases, judges have thrown out the evidence because police violated drivers' Fourth Amendment rights. 

Unreasonable search and seizure isn't the only issue leading to suppression of blood evidence; many cases involve bad forensic science.

Hoelscher Gebbia PLLC has been a leader in the fight against mandatory blood draws and the bad science that prosecutors often use in DWI cases. The blood-testing lab previously used in Bexar County was shut down (largely as a result of the work of Hoelscher Gebbia PLLC) because blood samples were repeatedly mishandled by lab technicians, many of whom failed competency tests.

Still, the Bexar County District Attorney's Office continues to use warrantless blood draws as evidence, even though the blood samples are often taken in the jail where unsanitary conditions pose a serious risk of contamination.

Additionally, blood-test lab technicians see themselves as prosecution witnesses, although they claim to be objective scientists. In far too many cases, flawed blood samples were proven as such only after the defendant paid out-of-pocket costs to have the samples re-tested.

Don't let an unlawful blood draw determine the outcome of your DWI case.

If you are facing a drunk driving charge in Bexar County, contact a local DWI defense lawyer as soon as possible. At Hoelscher Gebbia PLLC, we aggressively defend our clients from DWI charges, and we have a record of success in these cases. You can learn more by visiting our overview of DWI defense in San Antonio. 

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