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In a Felony DUI case can a lawyer request a preliminary examination to dispute blood results? Or is this all done in trial?

Houston, TX |

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.

Attorney Answers 5


  1. That question can only be answered by your lawyer, since the answer will vary according to different judges. However, few judges will allow that type of separate hearing, since it is almost certain to result in 2 bits at the apple-preliminary hearing and again at trial.


  2. 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.


  3. 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.

    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.


  4. A preliminary hearing is to determine if there is probably cause to support the arrest. It generally is not the forum for determining the reliability, and thus, the admissibility of test results. That issue can be raised by a Motion in Limine.


  5. It depends on the Judge. Here in Bexar County some Judges will have a separate Motion to Suppress and others will run the Motion with trial.

    I am a criminal defense attorney practicing in San Antonio, Texas. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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