Texas DWI Blood Test Warrants: Former officer and judge says they are unconstitutional by Plano DWI attorney Troy Burleson
by Collin, Dallas and Denton County DWI Lawyer Troy Burleson
As we have reported before, a growing number of Texas counties are instituting “no refusal” policies where officers will seek a warrant for a citizen’s blood if he or she refuses a breath test. I believe these policies will ultimately be overturned on constitutional grounds. Apparently, a former police officer and judge agrees with my contention. Below, find an except from a recent news story from San Antonio, in which attorney Jamie Balagia said. "Bring them on [the blood warrants]."
According to the report, Balagia, known as the "DWI Dude" in his commercials, is a former police officer and judge. He said he believes the "no refusal" policies are unconstitutional, but he admitted there's not much people can do to stop their blood from being drawn this Memorial Day weekend.
"If they get a search warrant, they're going to hold you down and strap you on a gurney and suck the blood out of you," he said.
Balagia has long advised clients to refuse blood and breath samples as well as taking roadside sobriety tests because it provides prosecutors the circumstantial evidence needed to earn a conviction.
Of course, Balagia admits, the easiest way to avoid any conviction or testing is to not drink and drive, but added that giving law enforcement less probable cause will make it harder to obtain any warrants.
"Hand them your driver's license and your proof of insurance and don't say a word," he said. "It's unfortunate that we have to take such a hardcore stand, but when you're trying to fight to keep your constitutional rights alive while the cops, the DAs and the courts are trying to rip them from you, you've got to take extreme measures."
