TDCAA Community
Blood Draw

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/9701056061

February 21, 2008, 21:34
Dustan
Blood 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 Sparks
From 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
JB
Yeah, 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
Dustan
Thanks for the responses.

I'll be going on Monday and it's my first blood draw case, wish me luck.