Question: What are some ways to contest a blood test in Texas?
Answer: The way you contest a blood test, you have to look at the procedures used to draw the blood. Was hand sanitizer used? How was the blood handled? The person that drew the blood—were they qualified to do that? Were they one of the groups that are allowed to do that under Texas law? You have to look at how it was tested. Was the gas chromatograph working properly? We always look at the gas chromatograms for troubling patterns. We have to look and see if the air blanks that they use show positive for alcohol. And, we look at the graphs and look for patterns that show that the result may not be reliable. There’s also an added layer of witness issues. Any time blood is drawn, there’s a whole lot of extra people that have to show up for court that don’t have to show up for a breath test.