Felony dwi i blew twice came back error then they took blood 5 hours later can they back track the five hours

Asked over 1 year ago - Waco, TX

this is my third felony one burglury one gun charge and now this felony dwi this happend in waco tx this is also my third dwi not sure about the law of texas and how the dwi laws come in effect no one was injured in the accedent and im not sure what all my options are as of today its been over a month since they took my blood and still no word on my case they have not released police report or the bac level they took my blood five hours later can they back track the time from when they took my blood it will come back under the .08 legal limit but n ot sure what all the da can do

Attorney answers (5)

  1. Thomas Harlan Swain

    Pro

    Contributor Level 11

    7

    Lawyers agree

    Answered . First, do not reveal the facts of your case in this forum because your statements can be used against you in your prosecution. These are complex issues, but yes they can look back to the time you were driving. It's called retrograde extrapolation. Blood results have to be sent to a lab for testing so there can be some delay. I don't know how you can be sure that the result will come under .08, but even if it does you can still be charged with DWI.

    You best course of action is to find a very good criminal defense attorney in Waco as soon as possible.

  2. Aaron C. Graham

    Contributor Level 5

    7

    Lawyers agree

    Answered . I agree with Mr. Swain, urging you NOT to write about the facts on this forum.
    Blood Tests are seriously delayed in Texas since September due to DPS making other types of testing priority.
    This type of case is very complicated. Additionally, because you have a couple of prior felonies, your exposure to time in prison, if found guilty, is significant.
    A felony DWI is a third degree, which carries a range of 2-10y in prison. If the state were to prove your two prior felonies, assuming that neither is a state jail felony, then you could be facing a minimum of 25y.
    There are many factors to consider as far as whether your blood test result is reliable, including the time between driving, the blood collection, and how many days/weeks before it was tested, etc.
    Also, even if your blood result returns under 0.08, you may still be charged with felony DWI because Texas has three avenues to prove intoxication.

  3. Todd Bennett Steele

    Contributor Level 11

    6

    Lawyers agree

    Answered . I completely agree with the previous answers. I just want to reiterate for you... Get an attorney immediately! Because of your history, you are facing some serious time. 25 years at a minimum.

    Todd Steele's response to your question is for general information purposes only. Nothing in this response should... more
  4. Stephen D Aarons

    Contributor Level 16

    5

    Lawyers agree

    Answered . I don't worry about writing some details about a DUI in this forum. Yes they can attempt to backtrack using a formula for how fast the body will eliminate alcohol but it is less than foolproof and your lawyer can try to suppress or keep out the blood test because so many hours went by.

  5. Donald Gray Drewry

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . NO!!!! The Government will attempt to report your blood back in time by using something called "Retrograde Extrapolation". However, this is a bogus form us science. The leading Toxicologist, Dr. Kurt M. Dubowski, Dr. A.W. Jones, and Dr. Stefan Rose have all written on this improper method of determining your previous blood level. Additionally, any good toxicologist will help your lawyer defuse this by using a first year chemistry formula known as Fick's Law of Diffusion showing the cells that the alcohol must travel through are individual to each human person, and the State's Toxicologist will not be able to know what your cell size is, and therefore, unable to tell how fast the alcohol is traveling in your system. Donald Drewry Practice limited to California

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