Who Actually Draws The Blood?
The blood has to be drawn by a certain individual according to Texas law. That individual could be anyone from a doctor to a technician. In fact, some counties have law enforcement officers qualified to draw blood, and there is really be no requirement for the blood to be drawn by a trained professional.
Can People Bond Out And Get Their Own Blood Drawn?
No, because this has to be done at the time of the arrest. The officer has to prove the individual was intoxicated while he was driving, so they only have a small window of a couple of hours in which they can obtain sufficient evidence through a conclusive breath BAC reading or blood analysis.
If Someone Knew They Had Done A Lot Of Drinking But Were Still Under The Limit, Can They Get A Blood Draw On Their Own If They Were Arrested?
No, because once someone is arrested for a DWI they won’t be able to leave, even if they blew a zero on the breath test, because the officer will just get blood or think the person was under the influence of drugs. They will not let the person go, so they won’t be able to get their own blood drawn.
Can Someone Bond Out And Immediately Get A Blood Test From A Hospital So They Could Prove They Were Not Intoxicated?
A blood draw would be inconclusive on someone who had bonded out 12 to 24 hours after they were arrested because the alcohol would already have worn out of their system by then.
Where Exactly Does The Blood Draw Take Place?
The blood draw usually happens in the police station or magistrate’s office.
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