As defense attorneys, it is our responsibility to fight for you, and try to get the best possible results in court. This means knowing all of the ins and outs of your case and ensuring your rights were protected at every stage of the game. With some Texas law enforcement agencies moving toward more and more mandatory blood draws, the job can becomes more interesting and challenging.
This article from the American Statesman outlines some of the new defense strategies coming about with this new and questionable method of getting DUI convictions. As we blogged about last week, there are several counties within our state that are moving toward mandatory blood draws when you refuse to take a breathalyzer test. These blood tests are highly invasive and their use is suspect to say the least.
As the legal landscape changes and prosecutors come up with new ways to get convictions, it is my job, and the job of every good defense attorney out there to also adjust our game plan to ensure that our clients are being treated fairly.
This new approach in DWI convictions has proven to be a difficult one to fight in court. Having said that, however, there is hope for your case.
Just like any other criminal case, the prosecution must prove that you are guilty beyond a reasonable doubt. There are many things that can create doubt in a DWI case involving a blood sample. How it was collected, tested, and stored can all be addressed in court, possibly leading to a dismissal of the charges.
One of the key pieces of your case could be the warrant used to get your blood from you. In requesting a warrant from a judge, the police officer must give a detailed reason why he/she believes the blood draw is necessary. It is crucial that this contains information that is 100% accurate and occasionally officers foul this up.
There are several things that we will look at when coming up with a defense strategy for your DWI case. Whether you had blood drawn or not, you deserve fair treatment in the Texas court systems and I can help make sure you get that. Call us today for a consultation on your case.