Recent Developments in Texas DWI Law
Recent efforts in Texas aimed at curbing drunk driving include warrantless, mandatory blood draws after a breath test refusal, rolling DWI checkpoints and the use of ignition interlock devices.

July 08, 2009 /24-7PressRelease/ -- Recent Developments in Texas DWI Law

Article provided by Law Offices of Randall B. Isenberg
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A conviction for driving while intoxicated (DWI) comes with serious consequences. In Texas, a DWI conviction cannot be expunged -- it will always be part of your record. Because of the potentially ruinous consequences of a drunk driving conviction, DWI cases and issues are a hot-button topic in Texas. There have been a number of recent efforts in Texas aimed at curbing drunk driving including warrantless, mandatory blood draws after a breath test refusal, rolling DWI checkpoints and the use of devices such as ignition interlock devices and SCRAM ankle bracelets. This article will provide a brief overview of these issues.

No-Refusal Initiative -- Blood Draws

For some time, the Dallas Police Department has been running a "no refusal" initiative under which police obtain a search warrant to draw the blood of a suspected drunk driver who refused to take a breath test on holiday weekends throughout the year. Several other cities and counties in Texas have similar programs. The Dallas police believe that the program has been a success, and it will become a year-round program beginning in September 2009. Under the recently passed legislation, any magistrate who is a state-licensed attorney can issue a search warrant for the blood draw. These magistrates are available at the jail 24 hours a day. Previously, only certain judges could issue a search warrant. If it takes too long to obtain a warrant, the validity of the blood test may be compromised because the alcohol may have dissipated.

In addition, the new law permits police officers to take a blood or breath sample even if they do not have a warrant if they have reason to suspect that the individual has a prior DWI conviction or if there is a child in the car. Many people feel uneasy about a warrantless, mandatory blood draw after a refusal to take breath test. There is concern about who will be drawing the blood, what that person's experience or medical training is and whether it will be harmful to the person's health. Furthermore, there are concerns about the constitutionality of warrantless blood draws and an intrusion into people's privacy rights.

Sobriety Checkpoints

The original version of the same bill that now allows for warrantless blood draws originally included a provision that would have allowed police to set up random sobriety checkpoints. This provision did not make the final version of the bill. Sobriety checkpoints are basically roadblocks that police or other law enforcement groups set up to determine whether individuals are driving after drinking.

While advocacy groups like Mothers Against Drunk Driving (MADD) push for sobriety checkpoints and similar measures, others worry about balancing drunk driving prevention with personal liberties. It seems likely that there will be future efforts in the Texas legislature to institute checkpoints.

Ignition Interlock Devices

Currently in Texas, judges have the authority to order that a person install an ignition interlock device after a DWI conviction. In addition, ignition interlock devices are required after second and third DWI convictions and in cases where the breath test result is over .15. The defendant must pay for installation of the device and a rental fee.

In order to drive with an ignition interlock device, the driver must blow into the device so it can test the blood alcohol content (BAC). If the device registers a BAC of higher than a particular level, the car will not start. In addition, to avoid having a drunk driver ask someone else to blow into the device to start the car, the driver must blow into the device throughout the trip.

In February 2009, House Bill 1110, which would have required first-time DWI offenders to install an ignition interlock device was introduced in the Texas House, but it was left pending in committee. Though there was no real movement on this bill, it is an area to watch.

Conclusion

There is a strong movement in Texas and throughout the country that is pushing for zero tolerance in drunk driving cases. However, many of the preventative measures that have been proposed bring up serious constitutional issues related to search and seizure and there is a real risk of abuse and violations of individual's liberty interests.
A conviction for DWI in Texas stays with you for life and can touch all aspects of your life, including the ability to work or find a job. Thus it is critical for individuals charged with DWI to put up a strong fight.

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