A company that manufactures blood vials has recalled the vials after finding an error that could change the results of blood alcohol analysis. It is unclear how many cases are affected, as the manufacturer stated that only 300 of the lot of 240,000 vials were manufactured erroneously, and already has recovered 199 of defective vials. However, the vials in question did not contain a preservative to prevent the blood from clotting, which can result in changes to the nature of the blood alcohol over time.
The recall is likely to jeopardize thousands of drunk driving cases across the nation, including at least 7,800 Harris County cases that could have utilized the vials. The Harris County District Attorney’s office has announced that it will begin reviewing thousands of cases for evidence of clotting. If cases used the defective vials, the test results only would be correct if the tests occurred within two days, which seldom happens in Harris County. Court also may be forced to reopen drunk driving cases that already were resolved, further adding to the DWI testing backlog.
Local law enforcement agencies also are taking steps to remove vials subject to the recall from deputies, replacing them with non-defective vials. Both the Houston Forensic Science Center and the Harris County Institute of Forensic Science distributed kits containing vials subject to the recall.
Both prosecutors and defense attorneys anticipate that many defendants will request a review of their cases to determine if a defective blood vial impacted their cases. As a result, many DWI cases could result in a retrial. The massive amount of cases that could be affected by the blood vial recall will add to the already overcrowded Harris County docket of court cases. If you or a family member is facing any criminal charges, we may be able to help.
As experienced Texas criminal defense attorneys, we have the knowledge needed to help you navigate through often-complex criminal proceedings. Call us today at (512) 359-3362 and schedule an appointment with one of our criminal defense lawyers and learn how we can assist you.