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Austin Criminal Defense Lawyer Comments On Proposed Blood Testing In DWI Cases

Austin Criminal Defense Lawyer Comments On Proposed Blood Testing In DWI Cases











Austin, Texas (PRWEB) August 7, 2009

A recent legislative proposal to require mandatory blood samples from all motorists who refuse a roadside breath test may violate the civil liberties of Texas citizens, says an Austin criminal defense lawyer.

Sam Bassett, a partner with the Austin, TX law firm of Minton, Burton, Foster and Collins (MBFC), said collection of blood samples may be warranted in limited circumstances but should not become a routine practice in the typical stop where a breath test is refused.

“We believe the circumstances under which you would draw a blood sample should be extremely rare, perhaps in situations involving death or personal injury,” Bassett said. “The idea of taking blood for a refusal after a roadside breath test would appear to be a violation of constitutionally protected rights.”

The goal of DWI legislation is typically to reduce the number of fatalities and injuries from alcohol-related accidents. In 2007, 1,292 people were killed and nearly 30,000 people were injured in Texas drunk driving wrecks, the highest rate in the nation, the Austin American-Statesman reported.

As part of the crackdown on drunken driving, the Senate approved legislation that would let police conduct a breath test or collect a blood sample without an arrest warrant under certain circumstances to verify whether a driver was intoxicated — even if the driver objects.

Austin Police Chief Art Acevedo said he wanted Austin officers to be taught how to draw blood during traffic stops.

“We disagree with blood testing being mandatory,” Bassett said.

Bassett said Texas motorists charged with a DWI should not be denied their constitutional rights.

“At MBFC, we take protecting your rights seriously,” Bassett said. “We understand how to defend drivers accused of drunk driving charges after a blood or breath test.”

About Minton, Burton, Foster and Collins

Since 1963, the Austin, TX law firm of Minton, Burton, Foster and Collins has helped thousands of Texas individuals and businesses. MBFC’s trial lawyers have years of experience in county, state and federal courtrooms, with successes in numerous high-profile civil and criminal cases, including DWI arrests. The firm can be reached at (512) 476-4873 or online for a free consultation. MBFC handles cases in Travis, Williamson, Hays, Bastrop, Caldwell, Burnet and Comal counties.

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Be the first to comment - What do you think?  Posted by - March 28, 2011 at 6:25 am

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My fiance got a DUI. BAC (Blood test) was .13 (almost twice the legal limit in California)…?

Question by Laura G: My fiance got a DUI. BAC (Blood test) was .13 (almost twice the legal limit in California)…?
He has a Class A, B and C license. His JOB depends on him winning his case against DMV and against the county. This is his first offense. What are the chances that it will be dismissed by DMV AND by the county, or wind up with an acquittal.
Also, if we cannot get the charges dropped completely, what are the chances of getting it reduced to a “Wet and reckless” and what kind of penalties are included with that charge? Would he still be able to keep his drivers license? We DO have a DUI lawyer. Please be as informative as possible when answering this question! Thanks!

Best answer:

Answer by Grin Reeper
in Pennsylvania he would be SCREWED.

Cant say anything about california sorry

Give your answer to this question below!

7 comments - What do you think?  Posted by - October 27, 2010 at 12:12 pm

Categories: DUI Lawyer   Tags: , , , , , , , ,

DWI Lawyers Get Blood Test Suppressed Due to the Coercive Tactics of the Police Officer





DWI Lawyers – Law Offices of David Michael Cantor


Tempe, AZ (Vocus) May 6, 2010

DWI Lawyers from the Law Offices of David Michael Cantor were able to get a blood test suppressed in a case involving a DUI with a prior due to the coercive tactics of the arresting officer.

According to court documents, in the case of State v. Creek (City of Phoenix Court Case No. 3884018) a City of Phoenix judge suppressed the readings of a .136 blood test in a DUI case due to the coercive nature of obtaining the blood.

In the Creek case the defendant was from Texas and was told that he would be booked into jail overnight unless he completely complied with the blood draw, all questions and field sobriety tests. While in the DUI van with two police officers, the defendant stated ‘I don’t want to be any trouble, but I should speak with a lawyer.’ The officers gave Creek the ‘evil eye’ and looked at each other. Creek then stated ‘Never mind, I’ll do what you want.’ After the blood was drawn and he answered questions Creed was allowed to take a taxi back to his hotel.

According to court documents,the judge found that the officers clearly infringed on Creek’s 5th Amendment Constitutional right to speak to counsel before answering questions or agreeing to provide a blood sample. Due to the fact that this was a DUI with a prior conviction, Creek was facing a minimum of 120 days in jail, but because of the officers’ improper actions he received zero days in jail and no second conviction.

“The police cannot threaten you with incarceration in order to get you to answer questions and provide blood samples” said Phoenix DWI Lawyer David Michael Cantor. “ Creek’s Constitutional rights were not awarded to him and as a result his case was dismissed.”

The Law Offices of David Michael Cantor enjoy an excellent reputation as DWI lawyers in Phoenix, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit DMCantor.com.

About the Law Offices of David Michael Cantor

The Law Offices of David Michael Cantor feature criminal defense and DWI lawyers in Arizona who are ready to represent you. As Arizona’s premier defense lawyer, David Michael Cantor defends DUI/ DWI cases, vehicular crimes, homicide, drug and sex offenses, white collar and property crimes. David Michael Cantor is AV Rated – the highest rating possible – and was voted a Top 100 trial lawyer. David Michael Cantor has been interviewed and has appeared on Inside Edition, the CBS Morning Show, Good Morning America, CNN Prime News, Hannitty and Combs, and every local news channel including Univision. In addition, his cases have been covered by CNN, MSNBC, and even Howard Stern.

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Be the first to comment - What do you think?  Posted by - October 13, 2010 at 1:34 am

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Blood Alcohol Calculator Widget Now Available



Put this Widget on your Website

Houston, TX (PRWEB) July 27, 2010

The DWI Lawyers at Tyler Flood & Associates, Inc have created a free blood alcohol calculator for people who want to know their legal limit for alcoholic drinks. This tool gives web users an easy way to estimate the number of drinks they can consume and how that may affect their blood alcohol level. The widget factors gender, type of alcohol, number of ounces, body weight, and duration of drinking to estimate an individual’s blood alcohol level.

Please keep in mind that this widget is for entertainment purposes only and should not be used in the decision making process regarding driving a vehicle after consuming alcoholic beverages.

The widget is free for anyone to use on blog posts, websites and social media accounts. Get and share the widget at http://www.tylerflood.com/bac-widget.html.

Additional Information:

The Blood Alcohol Calculator helps people better understand how the type or alcohol they drink and the amount of time allowed after drinking affects their legal ability to drive, boat and fly. Post this widget to your website, blog or social media profile to help your friends find their personal limits and avoid DWI’s and possible traffic accidents.

About:

Tyler Flood & Associates is a Houston, TX based law firm dedicated to defending people charged with intoxication related offenses including DWI, Boating while Intoxicated, flying while intoxicated and intoxication assault & manslaughter.. The firm is made up of board certified criminal defense lawyers who hold national certification in sobriety testing and have been named top lawyers by multiple publications in Texas.

Contact Tyler Flood by visiting our website TylerFlood.com or call (713) 224-4DWI.

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Be the first to comment - What do you think?  Posted by - October 3, 2010 at 9:18 pm

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Barely blew over the legal limit in NC after totaling my car, about an hour later I was given a blood test…?

Question by kimberlypotter@rocketmail.com: Barely blew over the legal limit in NC after totaling my car, about an hour later I was given a blood test…?
Fortunately, I did not hit anyone. Does anyone know what I can expect if the blood test comes back under the limit? I asked if I’d blown over the limit and the officer said, “Just barely.” If it does come back below .08 do I still have a DWI? Or does that just make the sentence more lenient? I was told the breathalyzers they give out in the field are not that accurate which is why they either give you another one at the police station or a blood test in the hospital (I had to go to the ER). Since I was only a little over couldn’t it be argued that the first test was not accurate? Will I be able to drive AT ALL these first 30 days?

I am meeting with a really good DWI lawyer tomorrow but I’m anxious to know a little about what I might expect.

thank you.
I do have a ticket for driving while under an impairing substance. Since the breathalyzer was so close to the limit would that estimation of time elapsed be much more critical? Couldn’t one argue that there would be a margin of error equal to the difference in my percentage and the legal limit?
I was knocked unconscious by the airbag so any noted behavior would not be telling of my condition. I was not drunk by any measure. In the ambulance I was talking very clearly, etc., as I was at the hospital. I felt 100% sober. I have no idea how long I was in there car b4 the police and ambulance got there, again I was totally knocked out.
It was raining, I ran off the road on a curve, my tires needed replacing. Honestly, the alcohol had little, if anything, to do with the accident. When I got in my car to go home I felt totally fine to drive. Not drunk or even tipsy.

Best answer:

Answer by Gunny Bill
Blood test is more accurate and harder to fight in court if you are over the limit. They know approximately how fast the body will metabolize alcohol. So, they take the time your arrested and the time blood is drawn and they can figure pretty close what it was when you were behind the wheel. If your under the limit for DWI you may still get charged with driving while impaired. As for being able to drive…has your privileges been suspended?

Know better? Leave your own answer in the comments!

3 comments - What do you think?  Posted by - at 9:12 pm

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