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.
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.
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 be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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.
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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