Changes in DWI Law in Texas

As of today, September 1, two new laws go into force that deal with DWIs in Texas.  Section 724.017 of the Transportation Code is now expended to allow more situations where police can do a forced blood draw without a warrant.  Mandatory warrantless blood draws are now allowed if a person is arrested for DWI, or BWI, the person refuses to submit to the taking of a specimen volutarily, and: 1) an individual other than the person arrested has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment; 2) the person is arrested for DWI with a child passenger under 15; 3) the officer has reliable information that the person has been previously convicted of DWI two or more times; or 4) the officer has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter.

The Legislature also tried to give some assurance to the health care providers that actually draw the blood persuant to a blood warrant, or mandatory blood draw.  Section 724.017 of the Transportation code was amended to provide protection to those who take blood specimens according to "recognized medical procedures."  However, this change in the law DOES NOT relieve a person from lability for negligence in the taking of a blood specimen.  And there lies the danger to anyone that takes blood under these intrusive warrant/warrantless blood draws.

Texas Drunk Driver Accident Lawyers

In Texas, you may be eligible to attend an administrative hearing that reviews the circumstances surrounding your arrest. During this hearing, you may be able to appeal your license revocation and/or request a provisional, conditional, hardship, or temporary license. The chances of achieving a successful outcome are greater when you are represented by qualified Texas drunk driver accident lawyers. At Morales & Navarrete, we are more than happy to represent you at your administrative hearing!
Going to Court

After being charged with a DWI in Texas, you must generally go to court where a judge will decide your fate. In many cases, the judge’s decision is strictly based on your blood alcohol level or refusal to submit to a breath test. If you’re found guilty, most courts will:

    Impose fines (and some add on an additional driver responsibility tax)
    Suspend or revoke your license
    Require participation in a drunk driver education program
    Add points to your license (and your insurance will most likely increase)
    Require community service work
    Put you on probation