Just curious if you need a separate hearing to dispute the steps following up to the final blood results, such as the equipment used, procedures followed, chain of custody, cross examine lab expert....all of which I feel are crucial in raising reasonable doubt.
I would raise these concerns to your attorney. There are tactical reasons why you might not want to have a preliminary hearing on issues like this. If you are concerned, you should be able to have those concerns addressed by a professional. Your criminal defense attorney has a duty to zealously defend you.
I generally agree with the first two lawyers who answered.
The thing is that under Texas law, questions about whether the evidence is enough to support a conviction are questions for trial.
And, the issues you raise mostly go to whether the results are reliable and whether the law permits them to be used in trial. Those are also questions that a prosecutor is entitled to try to fix any problems with even during the trial.
But, if you have questions about this, you need to discuss them with your lawyer. By the way, if you don't have a lawyer, you need one. DWI is not a case to handle yourself.
Get free answers from experienced attorneys.
24,718 answers this week
2,775 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary