Thank you, Marvin.
On this website, I do not always get to give good news, and I am afraid that this is one of these times. I want to be honest with you.
If you decline a Breathalyzer, the police can still get your blood sample via a court order that is very routine. Once this is done, then they police lab analyses the blood and can give the result to the D.A. who can use it against you as evidence. The lab technician will also testify on the stand to the veracity of the test if this goes to trial.
Now, you state that "my blood sample was taken before the search warrant was issued." This was indeed improper, but there is a caveat
. Because the police would have no doubt received a warrant
for the blood sample, then this falls under "inevitable discovery." If the police would have received a warrant anyhow, then the warrantless blood-taking test results are deemed admissible. This is the "inevitable discovery exception to the statutory exclusionary rule embodied in Tex. Crim. Proc. Article 38.23." State v. Daugherty, 931 SW 2d 268 - Tex: Court of Criminal Appeals 1996
Ergo, the fact that they did not have a warrant does not affect the matter.Can the police department hold my blood that long before submission
Yes, I am afraid. I am afraid that you may not have a suit here.
While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Surely, you prefer that I tell the truth rather than what you wish
to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my answer and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.IMPORTANT INFO
: I hope this finds you well. Please use REPLY
button to keep talking, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then SUBMIT
, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating