February 21, 2008, 21:34
DustanBlood Draw
Got a blood draw trial coming up and need info quick. Do I need to have the paragraph:
It is further presented ... did then and there unlawfully while intoxicated, namely having a quanitation of alprazolam and an unknown drug in his blood operate a motor vehicle in a public place.
My information does not include the blood paragraph, is it required when there is no presence of alcohol?
February 22, 2008, 14:11
Ken SparksFrom the TDCAA Charging Manual by the very capable Jeffrey Van Horn:
then and there operate a motor vehicle in a public place while the said defendant was intoxicated by not having the normal use of mental or physical faculties by reason of the introduction of a controlled substance, a drug or a dangerous drug into the body.
No need to make reference to blood.
February 22, 2008, 16:17
JBYeah, the defendant should already be on notice that he has blood in his body. It's the alcohol or drugs that he didn't know about.
February 22, 2008, 16:21
DustanThanks for the responses.
I'll be going on Monday and it's my first blood draw case, wish me luck.