Some judges and prosecutors in Texas have been slow to respect the laws of the United States of America in DWI cases. On April 17, 2013 the United States Supreme Court held that the US Constitution forbids police from taking blood from people against their will and without first getting a warrant. Many Texas courts were reluctant to follow the laws of our country and fished for excuses and exceptions for DWI cases in order to cut judges out of the process of taking blood from people to get evidence in DWI cases.
Now three years later, most judges and lawyers for the government have accepted that the law applies in Texas DWI arrests. For several years, police in multiple Texas counties have developed efficient procedures for judges to be contacted electronically or directly to review probable cause for court ordered blood draws of drivers suspected of drunk driving. Texas law allows officer to obtain warrants by telephone or by fax.
In spite of their zeal to punish DWI drivers, prosecutors in most Texas counties have reluctantly dismissed a number of DWIs in which police have failed to obtain court authorization to collect blood from arrested drivers. Three years after the Supreme Court answered this question, some Texas police officers still fail to get the required permission the law requires them to obtain before subjecting a driver to a forcible blood draw.
As recently as March 2016, Texas prosecutors have reportedly been trying to pursue cases involving illegal blood draws by police. In these cases where the law no longer matters to law enforcement personnel, only the best DWI lawyers hold strong and stand up to the government for their clients. Top lawyers in Houston, Austin, Dallas and elsewhere have stood strong against these illegal intrusions and have gotten blood test results suppressed from trials.
DWI defense lawyers have to remain vigilant in holding the government to its duty to follow all of the laws – even the ones they don’t like. Although the cases are fewer and fewer, some police officers have not caught on that they are not the final authority in situations involving people’s civil liberties.
Call Jim Medley & Associates today for more information!