Austin DWI Attorney Blog

APD can now secure a blood draw in some cases of DWI without first getting a warrant as of September 1, 2009.

During the past session of the Texas State Legislature an obscure bill was passed and signed by Gov. Perry that authorizes law enforcement to draw blood in certain cases of suspected drunk driving in Texas. Previously, a warrant was required before a blood sample could be taken. Under the new Texas DWI law, however, the blood sample can be demanded of motorists suspected of driving while intoxicated if there was a child in the vehicle, the suspect has any prior DWI convictions or there was an accident. No warrant is required. APD put the new law to use just moments after it went into effect on September 1. Following an accident at the intersection of William Cannon and Brodie Lane in Southwest Austin, officers placed the driver in custody and automatically took a blood sample to test his blood alcohol content. In addition to being involved in an accident, the driver had an 11-year old boy in the vehicle. The fact that a blood sample was taken does not mean the driver was intoxicated or that charges of DWI were filed. The new law gives law enforcement the ability to gather evidence when intoxication is suspected.

Austin TV station weekend anchor wrecked his car before being arrested for drunk driving in Lakeway, Texas.

Lakeway Police charged a KXAN news reporter with driving while intoxicated after finding his car stuck in a drainage ditch. David Michael Torbi, who uses the name Davis Scott on the air, was uncooperative and swore at the police as they approached his vehicle. Police detected alcohol on his breath and found a mixed drink in an open container in his car.

According to the arrest report, Torbi admitted to having had too much to drink. He refused to submit to a field sobriety test and was booked on charges of misdemeanor DWI. The criminal defense lawyers at my law firm believe that under Texas law, a motorist suspected of driving while intoxicated has the right to avoid self-incrimination through breath, blood or urine evidence. This action does not void law enforcement's ability to seek an arrest based on additional information gained from a potential DWI investigation.

KXAN, the NBC affiliate in Austin, has not issued a statement. Instead, through its website has declined comment on "private, personal matters."

Law enforcement agencies across the state have been utilizing 'No Refusal' campaigns to combat driving while intoxicated in Texas. These efforts rely on judges being available to sign warrants authorizing blood draws. The samples are then tested for blood alcohol content or BAC, providing evidence for prosecutors in DWI cases. Legislation signed by Gov. Rick Perry now allows police to demand blood samples in certain TX DWI situations - without a warrant.

The new DWI legislation bill was attached to a law on boating and alcohol, and many, including prosecutors, were unaware of it. The law permits blood draws without a warrant when a motorist who has two or more prior DWI convictions is stopped for suspected of drunk driving in Texas; has a child in the vehicle; or causes even a relatively minor accident with injury. When a traffic stop is initiated and the driver refuses to submit to a breath test, the officer can demand a blood sample to test BAC.

Continue reading "The New 'No Refusal' Law Give Police Officers Another Tool in Texas DWI Arrests" »