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Texas Defense Lawyers Challenging Blood Alcohol Testing in DWI Cases
An article in the Austin American Statesman on April 5, 2009, highlights a developing trend with defense attorneys in Texas attacking the integrity and accuracy of blood alcohol testing (http://www.statesman.com/news/content/news/stories/ local/04/05/0405blood.html). Blood alcohol testing and its use as evidence in drunken driving cases has increased substantially among statewide law enforcement agencies over the last few years. Texas law enforcement has found blood evidence particularly useful in drunken driving cases where a suspect refuses to take a breath test.

While this practice has withstood recent court challenges, Austin defense lawyers have recently introduced a variety of arguments to attack the legality of drawing blood from drunken driving suspects from calling into question the credentials of phlebotomists to citing Fourteenth Amendment concerns of unreasonable search and seizure. The article states that the frequency of attacking the accuracy and legality of blood alcohol testing is expected to increase in the legal system.

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