Houston blood draw vials are having their moment — and it’s not pretty. It appears that roughly 240,000 blood draw vials manufactured by the company, BD, are in the process of being recalled. But how does this affect Houston, any ongoing trials, or previous convictions? Let’s take a look.
A quick breakdown of the Harris County vial recall
So there are around 240,000 affected blood draw vials (but only 100 or so in the lot were actually tainted) … how many of these vials made it to Houston?
Houston Blood Draw Vials:
- 6,000 tubes were sent to Houston
- 5,200 were given to HPD
- 3,400 of these tubes were used
- 1,700 DWI cases may be involved
Keep in mind, these numbers are changing constantly. No one is 100% certain yet how many of these faulty Houston blood draw vials there were or how many court cases could be impacted.
Why are Houston blood draw vials being recalled?
Typically, Houston blood draw vial chemicals contain a preservative powder that prevents the blood alcohol concentration level from changing. Without this preservative present, the analysis of the blood could be inaccurate. The only way the results could potentially still be accurate is if they were tested within two days of being collected; however, things rarely move that fast. And if blood is placed inside the vials, there’s really no way to check if the preservative is present or not. This has to be done before any blood is placed in the vial.
A faulty blood vial isn’t the only thing you need to worry about. Learn more about scram bracelet false positives.
What does the Houston blood draw vial recall mean for DWI cases?
A lot. Whether two or two thousand people were wrongfully convicted because of these faulty Houston blood draw vials, all cases involved will need to be reopened and retried. As you could imagine, this will create a serious traffic jam in the court system.
Although intoxication manslaughter cases are not in the mix (they don’t rely on blood vials), any other applicable cases can and should be reviewed. In fact, all test results collected from this lot of faulty vials will likely be thrown out. This is because there really is no way to test the samples at this point. Long story short, if you think your court case could have been affected, you need to contact your lawyer as soon as possible. You’ll want to get things started sooner rather than later to get in front of the traffic jam.
Still not sure who to call? Check out this top-rated Houston-based lawyer for DWI blood test results in Texas.
How do I know if my Houston blood draw vial is recalled?
If you want to know whether or not your Houston blood draw vial case is within the faulty lot, then you need to contact your lawyer. Your lawyer will be able to go through the proper channels to compare serial numbers and determine if your vial has been recalled. Again, you’ll want to do this as soon as possible to avoid DWI fines and penalties.
If you’re looking for a criminal defense attorney that can help you take a deeper look at your DWI case, then you’ll want to give Mark Thiessen a call. He’s no stranger to fighting back against injustices in the court. Give us a call at 713.903.7214 or request a free consultation online.