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DWI Blood Test: Sanitary Place Requirement

Understanding statutes and case law is crucial to winning a DWI blood test case. One of the most important laws about DWI blood tests tends to go overlooked. That section says that a DWI blood test “must be taken in a sanitary place.” Though this statute is in the Transportation Code, neither it nor the Penal Code define sanitation. However, the Health and Safety Code defines ‘sanitary’ as “a condition of good order and cleanliness that precludes the possibility of disease transmission.” This may seem like common sense, but many prosecutors tend to overlook this requirement. Obvious violations include bugs or dirt in the blood test room, open trash containers and more. However, the statute does not limit the sanitary requirement to egregious violations such as those.

One of the main ways this sanitary place requirement arises is when the DWI blood test occurs in a jail. On top of general sanitation requirements per the Health and Safety Code, jails also have administrative requirements regarding sanitation through the Texas Commission on Jail Standards. For one, the Administrative Code requires that each jail “have and implement” a sanitation plan approved by the commission. This plan requires, among other things, a “regular daily schedule” of sanitation work and inspections. Further, upon “completion of a comprehensive inspection” the commission issues a certificate of compliance for jails meeting “minimum jail standards.” Documentation showing a jail has this certificate and sanitation plan is critical to winning DWI blood test cases.

More about Mimi Coffey & The Coffey Firm

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.

Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI LawyerDallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.