DALWORTHINGTON GARDENS - Dozens of North Texas DWI cases may now be questioned after a judge tossed out evidence against one suspected drunk driver.

At the center of the controversy, is a mandatory blood draw program.

It seemed like an open and shut case.

A Dalworthington Gardens officer drew blood from a suspected drunk driver and she was arrested.

But this week, that suspect celebrated, after a judge says the blood test can't count.

"The judge suppressed all the evidence in the case," said defense attorney Avery McDaniel.

Many police departments have nurses draw blood from suspected drunk drivers but Dalworthington Gardens trained officers to take the blood themselves.

Defense attorney McDaniel argues officers don't have enough experience to be legally considered qualified blood technicians.

The Tarrant County district attorney's office and Dalworthington Gardens chief Bill Waybourn disagree.

"We don't plan on changing anything at this point," said Waybourn. "We're fully confident that on appeal it will go our way."

Other cases may be challenged as other defense attorneys follow in McDaniel's footsteps.

This week, he'll also ask a judge to end the Dalworthington Gardens blood draw program until the appeal is decided. The district attorney's office will fight that request.

We asked Tarrant County Assist DA Richard Alpert whether he thought that would be successful.

"No, no I don't. I can't even fathom how he thinks it's going to be successful," he said.

The DAs office is appealing the judge's decision to toss the blood test evidence.

There's more at stake here than DWI cases in Dalworthington Gardens.

That department's officers have also drawn blood in 29 DWI cases in Fort Worth. Those cases may now be under scrutiny as well.

For now, Fort Worth tells us they'll no longer use the Dalworthington Gardens blood draw officers.

E-mail chawes@wfaa.com.