Texas DWI Law May Change Thanks to Supreme Court Ruling | Law Firm Newswire

Texas DWI Law May Change Thanks to Supreme Court Ruling

Austin, TX (Law Firm Newswire) August 9, 2016 – Although the Supreme Court recently made significant changes to what police are permitted to do if they pull over a suspected drunk driver, those changes may not yet affect Texas DWI law. However, they do create the potential for more changes in the future.

The most important part of the recent Supreme Court ruling states that a law may be enacted to allow law enforcement to conduct a breathalyzer test even if they do not have a warrant. Put another way, the Supreme Court would not strike down a law making it a crime for an individual to refuse to take the test. State law currently says individuals do not have to provide a breath sample to the police.

“Although you have the option to not take the breathalyzer test when asked, what usually happens if you do not comply is the police ask for a blood specimen. Most refuse that test as well,” stated Bobby Lee, an Austin DWI plaintiff’s attorney. “If you refuse to give blood, chances are you land in jail waiting for the police to get a search warrant. Getting a warrant in the bigger cities, like Austin, is fairly easy. In a rural area, not so much.”

In rural areas, if the driver refuses to take a breathalyzer test the police have trouble getting authorized to perform the blood test because it is difficult to find a judge to issue a warrant. The end result is police usually drop the charges, hardly a good outcome when police are trying to get drunken drivers off of the roads.

“Even though the legal precedent now exists that allows the police to force suspected drunken drivers to take a breathalyzer test, that case law does not change current legislative law in Texas,” explained Bobby Lee, an Austin DWI plaintiff’s attorney. “It is likely things will remain the same until all levels of state law enforcement and lawmakers examine the ramifications of the decision.”

Will Texas make it a crime to refuse a breath test? That may happen in the future. Is that a good idea to combat drunk drivers? It may be, but it is inevitably going to raise a whole host of other questions relating to infringing on human rights, proper punishment and enforcement issues.

Lee, Gober & Reyna
11940 Jollyville Road #220-S
Austin, Texas 78759
Phone: 512.478.8080

  • Your Guide to Employment Liability
    Employment lawsuits are one of the most expensive and time-consuming issues your business can come up against. The U.S. Equal Employment Opportunity Commission (EEOC) reported in 2021 that, in 2020,
  • Texting While Driving In Texas
      Phones may be smart, but people who use them while driving aren’t. The number of deaths caused by texting while driving in Texas is horrific. What does it take
  • Pwc Accidents
    What Is the Leading Cause of PWC Accidents? When the weather warms up, there’s nothing quite as exhilarating as getting out on the water for some high-speed fun on your
  • Welcome To Our Blog
    Our blog is currently being updated. Please check back…
  • 4 Key Signs That You Need A Personal Injury Lawyer
    When you’ve been injured due to the actions, inactions, or behavior of a negligent person or establishment, you might wonder if you should hire a personal injury attorney. The answer

Tags: , , , , ,

Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required