San Antonio DWI » DWI Info http://www.sanantoniodwi.org Tue, 18 Aug 2009 11:20:11 +0000 http://wordpress.org/?v=2.9 en hourly 1 Mandatory DWI Blood Tests in Texas http://www.sanantoniodwi.org/mandatory-blood-tests-in-texas/ http://www.sanantoniodwi.org/mandatory-blood-tests-in-texas/#comments Tue, 10 Mar 2009 23:21:16 +0000 admin http://sanantoniodwi.org/?p=24 Currently, the Texas statutory law is that if one refuses a breath or blood test for blood alcohol content (BAC).  However, some counties are attempting to implement a system where this is allowable.  The justification is that this would reduce the number of trials for DWIs.  An underlying reason may be a desire for more convictions for those that are intoxicated behind the wheel.

What needs to be addressed however is that such local rules are not only against Texas law, but also against the Constitutional rights of every American against unlawful searches and seizures.  If reaching into a pocket or bag can be an unlawful search, what would courts say about piercing the skin and withdrawing blood?  Moreover, with that question remaining, wouldn’t this increase litigation in the interim while lawyers fight the constitutionality of mandatory blood tests?

Ultimately, mandatory blood withdrawal for DWI suspicions will most likely fail in Texas.

]]> http://www.sanantoniodwi.org/mandatory-blood-tests-in-texas/feed/ 0 DWI Options and Information http://www.sanantoniodwi.org/dwi-options-and-information/ http://www.sanantoniodwi.org/dwi-options-and-information/#comments Tue, 07 Oct 2008 20:00:11 +0000 admin http://sanantoniodwi.org/?p=16 Read Texas Penal Code for the precise laws of Texas

Drunk driving is one of the most aggressively enforced crimes in Texas, but what isn’t prevalent is that it is legal in every state to drive drive after drinking alcohol under the legal limit if you are 21.  Texas law states that a driver of a vehicle only has to have lost the normal use of his or her faculties by alcohol and or drugs to be found guilty of DWI.  You should not use this blog as legal information, if you have questions about a DWI contact a licensed San Antonio Criminal Lawyer.  After you have been arrested you can request an administrative hearing regarding your drivers license.  You have 15 days after your arrest from which to do so.

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