Texas v. S.V.
State v. S.V.
Harris County Criminal Court at Law #3 7/13/16
.21 Blood Test This was a retrial after the jury hung 5-1 Not Guilty. The State, this time brought in an expert to state that it is possible for someone to be a .21 and not smell like alcohol at all because of the weather or the digestion method. More specifically, the analyst, Dr. Guale (who has since quit HCIFS) stated that women could soak feminine hygiene products in vodka and then insert those vaginally and then they wouldn’t smell like alcohol. I can’t make this up. So, Dr. Guale and I had to have a long slow discussion about how alcohol goes into the blood stream, which surrounds the lungs, and would be expired in the breath. Additionally, the alcohol in the blood would evaporate with perspiration. The jury didn’t buy the State’s new theory of intoxication either and returned a swift and just verdict of acquittal. Finally, this sweet young lady got her life back. Thank you to the jury.