In Texas, a Supreme Court decision has more than a few drivers breathing a collective sigh of relief. The many drivers who are potentially looking at their third or fourth DWI conviction could see their cases dismissed.
The Supreme Court has ruled to prohibit authorities from taking blood from suspected DWI drivers without a warrant. This news should bode extremely well for DWI defense in Texas, and could already start to affect as many as 17 cases in Austin alone.
Cases in other cities, such as San Antonio, Dallas, Houston, Fort Worth, and El Paso, are also likely to be thrown out after this decision.
Texas has been using involuntary blood draws for years now, particularly on holidays and big events commonly associated with drinking. These times are usually called “no refusal” periods, and were created to deter drunk driving. Police are often able to get bench warrants and draw blood if the suspected drunk driver refuses a breathalyzer.
However, not every blood draw was done with a warrant in hand, and it is those cases that are likely to be dismissed.
How Can This Supreme Court Decision Bolster DWI Defense?
The decision by the Supreme Court will no doubt make it more difficult for police to draw blood from drivers they believe to be intoxicated, but are refusing to take a breathalyzer. If a police officer or anyone else takes your blood without a warrant, consult a Texas defense attorney. You may be able to have any blood draws dismissed from evidence.
If you have been arrested under suspicion of driving while intoxicated, call the Lewisville defense attorneys at Julian, Crowder & Shuster to start building an effective defense today.