Courts Strike Down Mandatory Blood Tests. by Plano DWI Lawyer Troy P. Burleson
by Collin County DWI attorney Troy P. Burleson
As we have reported here many times, local counties are implementing “no refusal” weekends in which a person who is accused of drunk driving will be forced to give a blood sample if they refuse a breath test. The purpose of these “no refusal” weekends is two fold. The first is to reduce the number of drunk drivers and the second is to attempt to force more people to plea guilty and not fight their case in trial.
As I have said, these “no refusal weekends” will lead to more trial, not less, as anticipated by area district attorneys. Remember, Texas Statutory law specifically states that if a person refuses to give a blood or breath sample, then “none shall be given.” See here! In addition, these “no refusal” weekends raise many questions concerning the safety, constitutionality and admissibility of blood tests, forced upon a citizen and performed by unqualified professionals.
Two recent stories, one from cbs11tv.com and the other from the Star-Telegram.com, indicate that local judged may start fighting back against these “no refusal” weekends and disallow mandatory blood tests from coming into evidence in a person’s trial. Click the lins below are the full stories.
These “no refusal” weekends will ultimately, in my opinion, be struck down by either the Court of Criminal Appeal or the Supreme Court of the United States. They raise very important constitutional issues that of illegal search and seizure, and will, should be challenged immediately.
Judge Says Some Cops Can't Take Blood For DWI Test
Reporting
Joel Thomas FORT WORTH (CBS 11 News)
Judge throws out Dalworthington Gardens DWI blood test results
By NATHANIEL JONESnjones@star-telegram.com
