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.
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.
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.
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.
The blood draw usually happens in the police station or magistrate’s office.
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