FORT WORTH -- A judge today ruled that officers in Dalworthington Gardens can continue for now to draw blood from suspected drunk drivers.

A Bedford motorist Christi Lynn Johnston challenged the policy after officials said a blood test showed her to be over the legal limit. Earlier this week, Tarrant County criminal court Judge Billy Mills tossed out the blood evidence in Ms. Johnston's DWI case stemming from a 2005 traffic stop.

The state has appealed Judge Mills' decision.

Ms. Johnston's attorney, Avery McDaniel, filed a temporary injunction Thursday to stop Dalworthington Gardens officers from drawing blood for evidence, saying they have no legal standing. He argued that only nurses, doctors and other medical technicians should extract blood in criminal cases.

“We’re not asking you to stop Dalworthington Gardens from arresting DWI suspects,” Mr. McDaniel said. “I am asking you to deem these officers unqualified.”

Ronald Breaux, a Dallas attorney representing Dalworthington Gardens, said the officers are trained and have met the defintion of qualified technicians. "They’ve had extensive training and they are fully trained to take blood,” he said.

State District Judge Dana Womack denied today the motion without comment. She has temporarily scheduled an injunction hearing for July 21.

Chief Bill Waybourn praised the decision saying his officers have undergone extensive training and are qualified to take blood evidence. “We absolutely believe it is a sound practice,” he said.