In DWI and other criminal trails, DNA evidence is often integral to the final ruling of innocence or guilt. DNA has also been important evidence in exoneration and appeal cases for the wrongly accused. Yet, in a much criticized effort to clean up space for other DNA samples, Harris County District Attorney Pat Lykos wants to destroy thousands of vials of blood.
“These blood vials simply sit, unused and unwanted, in secure refrigeration units, taking up valuable space and requiring administrative oversight in perpetuity,” Lykos said in a statement. “This is a problem that is not going away.” Lykos has recently sent a letter to the Texas Attorney General asking for the guidelines for the destruction of 13,000 vials of DNA evidence. The DNA evidence in question is from closed misdemeanor DWI cases.
DWI arrests have included blood draws since 2008. It used to be procdure that warrants would need to be issued to draw blood in special cases, like wrecks with serious injuries. Since this new procedure has been in place, there have been many cases that have been overturned by faulty testing. Yet, if these blood samples are destroyed incorrectly or too quickly, some innocent people might be denied due process.
While nothing has been decided about the blood yet, it is important to know your rights if you have been arrested for a misdemeanor DWI. You also need a dedicated DWI defense attorney who can be your advocate through your difficult time. Don’t wait to begin building your case but contact an experienced DWI lawyer in Fort Bend today.