DWI 2nd / Texas V. L.J.

0.226 BLOOD TEST!! Client works at a local bar and was on his way home at 4am Sunday morning. As he was driving home, a dump truck was trying to avoid another car on 45 South. Client had an accident and totaled his truck into a dump truck. An HPD DWI Task Force unit arrived on scene. Client was polite, handed his DL and answered all of her question. Client politely refused to perform Standard Field Sobriety tests stating that his attorney friends told him to never take those. Client was transported off the freeway and the officer again tried to get him to perform the tests. Client was always polite and looked and sounded normal on the video. Under cross examination the Officer finally admitted she arrested him because he smelled like alcohol and refused the tests. (Neither of those are illegal in Texas). A blood warrant was obtained and the analyst was called to testify. Like usual, the Houston Forensic Science Center analyst testified her result was accurate, the procedure was perfect and she made no mistakes. On cross she admitted that in preparing 25k vials she has never made a mistake and gave her performance 100%. The sample right before client’s was almost identical and just a “coincidence” according to the analyst. The analyst admitted she did not DNA test the sample and had no idea if the client even looked 3x the legal limit. She agreed to Dubowski’s chart on what people should look like and admitted she had no reason to think the client had any tolerance. Although we has an expert and the client ready to testify it was not needed. I could see the jurors shaking their head in disapproval of the State’s case for the entire trial. The jury returned a quick two word verdict. Thank you to the jury for following the law and not just blindly trusting in a ridiculous number that made no common sense. It was a strong and just verdict by a great jury to stand up for better forensic science. We truly need an independent lab in Houston who is not afraid to admit mistakes. NASA is not 100%, but the HFSC is? Yeah right!!