Published on:

How to Fight a DWI Blood Test Case – Intro

With all of the recent publicity surrounding DWI Blood test cases, a few months back, I decided to write a paper on how to fight DWI blood test cases.

Well, the paper was coming along very slowly, and I quickly realized my topic was too broad.  I decided to narrow it down to remove all "constitutional/"are the warrants illegal" areas, and leave that area to another legal scholar.  In general, I think the Transportation Code is so clear, I didn’t want to get on my soapbox about it any more.  Plus, I have read (but don’t buy into) the Beemon case which is where most prosecutors point to.

If anyone is interested in working on a paper with me, let me know.  Maybe a law student out there??

My future topics will include:

  • Retrograde Extrapolation
  • Attacking the Probable Cause in the Warrant Itself
  • Breath Test Coercion
  • Chain of Custody Issues
    • Keeping the Blood Out
    • Creating Doubt
  • Fighting the blood drawer as a "Qualified Technician: (Fight going on today.. read about it here!)
  • Whole Blood vs. Serum Blood
  • Retesting Independently
  • 38.22/38.23
  • Presentation of the Warrant (already covered quite well by Sarah Roland in this article)
  • Poor Lab / Testing Procedures
    • Gas Chromatography / Enzymatic Method

I hope you enjoy (and help contribute) to the upcoming series "How to Fight a DWI Blood Test Case"