DWI attorneys have been saying it for years: there may be a systemic problem with the collection and storage of the blood draws done on people accused and arrested for a DWI in Texas. Recently two blood alcohol retests have shown just that. The blood draw retests have shown a drastic inconsistency in blood alcohol level. In one instance the original blood alcohol test showed a blood alcohol content (BAC) of .208, well above the .15 BAC needed for certain felony charges. The retest of the same blood showed the BAC at .11, below the felony threshold. That is more than a 20% difference in BAC. The inconsistency calls the accuracy of both tests, as well as the collection and storage of all blood draws, into question.
Accurate evidence collection and storage is critical to both the prosecution and defense of any criminal case, and DWI is no exception. The discrepancy in these tests is highly concerning and is exactly why anyone arrested and charged with a DWI needs a qualified attorney to protect their rights. To read more about the blood alcohol re-tests see this article by Tanya Eiserer for WFAA: