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Harris county documented chain of custody and storage for blood samples, is there such a thing?

Houston, TX |

going throught jury trial for my first DWI. prosecution is hellbent on locking me up because a previous felony record in another state. I had 3 beers in a 2 1/2 hour span. passed field sobriety did a breathalyzer, was never told the breathalyzer results. and placed under arrest for DWI. wasnt sure about the document the officer was reading off to me but said yes to it. only because he acted as if he was going to take my blood anyway.the results came back a .14bac . the trooper cannot remember if he stored the blood sample in his refrigerator at home or the office,

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Posted

You should definitely have an attorney for this charge. If you already do, why are you asking this question here? It should be directed to him/her.

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Posted

Not storing blood at the proper temparature can affect the accuracy of your BAC score. This is fodder for cross examination at trial. It goes to the weight of the blood evidence, not its admissibility.

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You might want to call one of the top DWI attorneys in the Houston area. Mark Thiessen is a good one. Or you might call Gary Trichter.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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I may be mistaken here, but are you currently represented by counsel? Are you actually in trial now ? These questions should be directed to your attorney. That attorney knows your case better than any of us do, and can tell you what effect the Troopers testimony has on his or her overall trial strategy. Presumably, your lawyer knew this fact from per-trial discovery. I hope you feel that you can talk to your lawyer about this issue.You are,after all, in the trenches together right now. Good luck.

James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. Pardon my typing and or grammar,I am sending from my i-phone.I only represent people accused of DWI in Texas. My answer is based upon the limited amount of information supplied in your question. The answers I give on this site are intended for general educational purposes only. If you already have an attorney, I always suggest that you consult with that attorney first.

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