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Testing for the presence of DWI drugs in Lubbock usually involves a blood test. Typically, the officer would either ask for a voluntary consent under the statutory warnings or get a search warrant if there was refusal from the person.
The blood test is then delivered to the local DPS regional lab in Lubbock. That lab is only going to measure the blood for blood alcohol content.
The DPS regulations claim that if a blood test shows a 0.12 blood alcohol concentration (BAC) or above. That would be the end of the test unless it was specifically requested by the prosecution in a case like an intoxicated assault or intoxicated manslaughter. If the test comes back in under 0.12 or no alcohol. Then that lab test is taken from the DPS lab in Lubbock and sent to the Austin Lab of DPS, which tests for drugs.
While this is occurring, a drug DUI attorney should be consulted as soon as possible to begin mitigating the damage and building a defense.
Typically there will be a five-panel test that will include a THC or a marijuana test. A benzoid (sleeping tab) test, an opioid test, and a couple other tests for drugs like methamphetamines or amphetamines. Synthetic drugs can also be tested, but the five-panel tests include the aforementioned drugs because they are the most common drugs when talking about intoxication.
Testing out of the DPS Austin lab is also common. There have been cases where samples have been sent to an independent lab like NMS lab in Pennsylvania or to a private lab in Tennessee. There have been cases where the Austin lab tests for THC in marijuana and then sends the blood out to one of the private out-of-state labs to test for other drugs. If that is the case, one of the big issues is challenging every lab result. If there is a situation where a test is sent out of Lubbock, the other data from other state labs would also have to be questioned by an attorney.
The implied consent law applies to alcohol and drugs as well. If a police officer makes an arrest and reads the statutory warning. Then the individual is arrested and has the right to refuse to give a test. If they refuse to get the test, there are driver’s license issues. An officer can also get a search warrant to administer tests.
If they obtain a search warrant then they can draw the blood over the objection of the individual. But it is legal to refuse. It is encouraged to refuse a test if a person has a substantial amount of alcohol in their system.
However, refusing tests is different when it comes to drugs. If a person has no alcohol in their system, but they find drugs. They might be guilty of a criminal offense of driving while intoxicated. But there is no consequence in the administrative action.
An Administrative License Revocation (ALR) can occur to a person with a blood alcohol concentration of 0.08 or above if they are over 21. If someone gives a blood test and their alcohol concentration is 0.079999, they will not have their license suspended administratively.
If a person consents to a blood test and has marijuana in their system. It will not matter because there is no immediate administrative penalty. Refusing a blood test can be beneficial because an officer might obtain a search warrant, which can later be challenged.
Each time there is a trial, the lab technicians that tested the blood would have to come and testify. In Texas, there is a statute that allows the chemist to sign an affidavit to say that they did the test correctly. That they are certified to do it, and then the tests could be introduced into evidence. But that has to be filed with the trial court at least 20 days before a trial. And the defense has 10 days after that to object to the evidence.
The person that tested the blood is almost always present during a trial. A person never wants to concede and not have the agency show up with their technician because there are reasons to bring them.
First, if the technician does not show up, the case may not be admissible to get into court. Second, a person can challenge the credibility of the individual that tested their blood. And three, the lab technician may not have the qualifications to testify if there are drugs in a person’s system that made the person lose the normal use of the mental or physical faculties.
Consult an attorney for more information regarding Lubbock DUI drug testing procedures and how they are used in court.
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