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The time period for retaining evidence collected is provided below and may be found in Article 38.50, Section 1 (c) (1), (2) and (3) of the Texas Code of Criminal Procedure.
Retention Period for Stored Evidence:
The entity or individual charged with the collection, storage, preservation, analysis or retrieval of blood or urine evidence collected pursuant to an investigation or prosecution of an offense under Penal Code Chapter 49 (Alcohol and Intoxication Offenses), shall ensure that such evidence is retained and preserved, as applicable:
(1) for the greater of two years or the period of the statute of limitations for the offense, if the indictment or information charging the defendant has not been presented or has been dismissed without prejudice;
(2) for the duration of a defendant's sentence or term of community supervision, as applicable, if the defendant is convicted or placed on community supervision; or
(3) until the defendant is acquitted or the indictment or information is dismissed with prejudice.