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So....I was arrested last night for DUI in Houston. They took my blood at the hospital. I was using some coke that same night

Houston, TX |
Attorney answers 4

Best Answer
Posted

The typical laboratory technique for testing alcohol content is different than the technique for testing for drugs and controlled substances. The lab will usually not test the blood for a drug or controlled substance unless the police ask for it, or if the alcohol test comes back under the limit and they are just fishing for another way to prove drugs explained your condition.

If your blood alcohol level shows over .08, the prosecutors will usually figure they have all they need, and they won’t normally ask the lab to do the additional testing.
The drug testing also takes a lot more time. You probably will only have to deal with the alcohol results.

If the cops say you admitted using drugs or taking medication could change things. It could also come up if they found any paraphernalia in your car or on your person. If they don’t already suspect drugs, they usually will not test for it.

You still need to fight the blood alcohol testing. It is not foolproof. A highly skilled lawyer can defend these types of tests also.

Get a good lawyer who does a lot of DWI defense.

Jim Mitchell Medley

Jim Mitchell Medley

Posted

I'm curious which Harris county agency arrested you. Most do not do blood draws during week nights. Did they not offer you a breath test first?

Asker

Posted

The HCSO took me to Ben Taube. They never asked me for a breath test.

Jim Mitchell Medley

Jim Mitchell Medley

Posted

That does suggest they plan to look for drugs in your blood. Keep your fingers crossed. Get a good lawyer.

Posted

Mr. Medley has given a top notch comprehensive answer. Grade A.

So, I will just toss in a couple of things.

First, if you were concerned that a positive test for coke or valium would get you charged with possession, I've been doing criminal law in Texas since 1986 and have never seen that done.

Second, because Texas has a form of DWI based on loss of the normal use of mental and physcial faculties due to ingesting drugs, alcohol, or a combination of these, what Mr. Medley says about getting an experienced DWI lawyer is very true and in my opinion could be critically important to your case. Why? Because most prosecutors accept these test results at face value. Juries seem to as well. Takes a skilled cross examination preceeded by a skilled jury selection process to overcome that if you go to trial.

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.

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

Were I you, I would probably give Mr. Medley a call.

Posted

Well, whatever shows up in your blood will not change the level of the offense. As a matter of fact, it can be more difficult for the state to scientifically prove impairment by substances other than alcohol. So they will probably proceed just on the alcohol if they can. The primary effect of the additional substances will be how the DA feels about your case. This may make it less likely to get a reduction where you otherwise may have. Or if you plea to probation, the DA will probably want some drug-related conditions added to your probation. Hire an attorney experienced in DWIs. They will know how to examine the case for any possibility of dismissal or reduction.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

Asker

Posted

So the coke and Valium don't matter?

Posted

If this is a DWI/DUI and not a public intoxication charge, I would urge you to quickly seek an attorney to secure your right to an administrative hearing to attempt to save your driver's license privileges. There may be defenses available to exclude the evidence at the administrative hearing and the criminal trial that a qualified and experienced DUI/DWI attorney will be able to assess after a detailed and complete consultation.

You should have been provided a form (DIC-24) which lists out the time limits to request an administrative hearing (separate from the criminal proceedings) (Fifteen days from arrest) Be certain to provide your lawyer with a copy of the DIC-24 and that is part of your representation. Requesting a hearing often allows your attorney to get information from law enforcement quicker than through the criminal proceedings.

Good Luck

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