May 19, 2014By Brian Manchester
Our client was charged with a second offense DUI in Cameron County. Over the past two years Brian Manchester has exposed the blood test that is done for alcohol in that county does not conform to the law. The law requires that when a less than whole blood sample is tested (plasma or serum) the test results must be converted down to a whole blood equivalent. Brian Manchester exposed this problem in two prior trials in Cameron County. The hospital reports the blood alcohol content as a whole blood test result. So a typical lawyer will just look at the test result and tell his client that he is over the limit and then get the client to plead guilty. Well Mr. Manchester is very familiar with hospital blood tests so he requested the blood testing procedures from this hospital and they showed that serum is actually tested and the results were not converted down to a whole blood equivalent.
When Defendant was charged not only did Mr. Manchester remind the prosecution of this issue he also pointed out that the blood test was likely taken over two hours after Defendant was arrested. The district attorney then dropped the DUI offense and in court tomorrow he will enter a plea to several summary game law violations.
This dismissal came about as a result of knowing how hospitals test blood, the law, and getting the data and not being satisfied with what the police say the blood test results are. If you have been charged with a DUI offense in Cameron County call Manchester and Associates right away.