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New Program May Expedite Blood Search Warrants During DWI ArrestsIf you have been charged with driving while intoxicated, you can refuse to submit to a blood alcohol test. In Texas, police officers can request a blood search warrant that requires a sample of your blood to be drawn and tested for alcohol or other intoxicating substances. Executing the warrant can take hours because the officer often needs to go to the station or court house to obtain it. However, some Texas municipalities are testing a mobile communications program that enables officers to receive an approved blood search warrant in the field. If the program is successful, it may become easier for law enforcement to obtain evidence against DWI suspects.

Blood Search Warrant

Under Texas law, a judge can issue a blood search warrant that allows a medical professional to collect a DWI suspect’s blood sample as possible evidence of intoxication. An officer can request a blood search warrant as long as:

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b2ap3_thumbnail_Field-Sobriety-Test-Types.jpgTexas motorists can refuse to take a field sobriety test when police officers pull them over on suspicion of driving while intoxicated. Officers use the test to determine if motorists have any physical or mental impairments, and the test results can be evidence in DWI cases. There is no penalty for refusing a field sobriety test, but the driver may still be arrested if the officer believes there are other signs of DWI. If the case goes to trial, prosecutors may claim that refusing the test is evidence of guilt.

Whether you are sober or not, you are taking a risk if you agree to a field sobriety test. You may perform poorly during the test due to factors other than sobriety, such as the surrounding environment or a natural lack of balance. Your test performance can be considered evidence that you were impaired, even if your blood alcohol content was below the legal limit. The National Highway Safety Administration has three standard sobriety tests.

Horizontal Gaze Test

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DWI Offender Wins Appeal Against State of TexasA Texas appellate court recently ruled in favor of a man who argued that the state punished him for having multiple driving while intoxicated convictions without proving his previous conviction. In Oliva v. The State of Texas, the appeals court overturned a lower court decision to convict the defendant of a Class A misdemeanor for DWI, saying it should have been a Class B misdemeanor conviction. According to Texas law:

  • A first-time DWI offense is a Class B misdemeanor, punishable by up to six months in prison and a maximum fine of $2,000.
  • A second-time DWI offense is a Class A misdemeanor, punishable by up to a year in prison and a maximum fine of $4,000.

The case addressed how a prior DWI conviction must be presented when a subsequent DWI charge is made.

Case Details

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The Need for Chemical Roadside Tests to Catch Up with America’s Opiate Epidemic It appears that America is caught in a new epidemic as the Centers for Disease Control and Prevention reports that on an average 78 Americans perish each day from a heroin or opioid-related overdose.

If you are still not convinced, you may want to tune into A&E’s Emmy® award-winning and critically-acclaimed documentary series, Intervention. Although the series does not discriminate against any one type of disorder, currently there has been an increase in showcasing those addicted to heroin.

The one thing that does remain constant is the participant’s decision to drive while under the influence (DUI). With alcohol addiction, law enforcement relies on the breathalyzer as well as known field sobriety tests but with the growing heroin and opiate epidemic what tests are law enforcement now utilizing?

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Shedding Light on the Dangers of Driving While Taking MedicationsFounded as an advocate for driver and passenger rights, fair laws, and vehicle safety, Triple A or AAA, or formally known as the American Automobile Association, has remained instrumental in the advancement of motor vehicle safety, environmental issues and research to enhance the driving experience for over 100 years.

Some may think of AAA as their parent’s travel agency that also offered roadside vehicle assistance but today, Triple A has championed many issues, one of which is the danger of driving while under the influence of prescription and over-the-counter medications.  

Medication Usage

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Office

Bexar County

In the historic King William District

1011 S. Alamo,
San Antonio, Texas 78210
210-226-0965
888-726-5625 Toll Free
210-226-7540

Office

Guadalupe County

109 Court Street,
Seguin, Texas 78155
830-372-1522
888-726-5625 Toll Free