Police Labs Fish for Evidence in Weak DWI Arrests

You’re arrested for DWI.  You haven’t been drinking.  The police get a search warrant to take your blood without your consent.  The blood lab people test your blood for alcohol and it is below the legal limit.  It’s over … You’re good right?  WRONG.  Even if you’re hired the best DWI lawyer in Houston, the State will try to piece a case against you together.  Sometimes police officers count on lawyers not being aware of these issues.

If you are arrested for DWI in Texas and your blood is under the legal limit, most labs will then send your blood back for testing for other drugs or even legal medications.  This is the truth.  Even if the officer made no observations and no suspicion that drugs or medications may have been involved in your condition at the time of arrest.  These tests are just fishing expeditions to try to rescue a bad arrest.  Your DWI lawyer must be ready to fight these desperate measures.

Some police labs have a policy to conduct these examinations in all cases where the alcohol level is below the amount that could help the prosecutors secure a quick conviction.  Even if the probable cause provided by the officer for the search warrant was based on a suspicion that only alcohol had caused an intoxicated condition, a search of your blood will be conducted anyway for just whatever they may find.

Common legally prescribed medications that can be the basis of a DWI charge include:  hydrocodone, Soma, Xanax, and Valium.  Because drivers who are prescribed these medications are usually suffering from some health pathology, it is important for the DWI lawyer who accepts the case to have special knowledge in health issues and medications that can cause impairment.  Police sobriety exercises were designed only for people in perfect health, and they were designed by police officers themselves.

In some cases, officers will suspect drug impairment from the beginning of their investigation.  These cases are different from the type of DUI arrests this post speaks about.  Consult a top Houston DWI attorney for immediate advice if any of these situations apply to you or someone who you care about.

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Written by

Jim Medley

For more than 20 years, attorney Jim Medley has perfected his craft in the field of criminal justice. He garnered extensive knowledge during his 12 years as a police officer in Texas, and applied that knowledge during his time as a professor of criminal law and criminal justice. Mr. Medley brings a unique skill set to the table, and as a result, he would be an invaluable asset in the courtroom should you need DWI or criminal defense in Houston.

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