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Austin Police Association is upset that one of it’s members, an Austin Police Officer, was treated like everyone else who has been stopped and suspected of DWI

As reported by KXAN, the Austin Police Association is upset because one of it’s member/officers was stopped for DWI, forced to do the field tests, and after providing a breath test, required to give blood and urine. Are you kidding me? This happens all the time to the ordinary citizen. They perform the Field Tests….some provide breath tests, some don’t, and then the officer gets a warrant for their blood.

To be fair, the officer did provide a breath test of .02, but I have had clients give all zeros on the breath machine, to only be served with a warrant for their blood. Further, even a representative from the Association admitted that the officer wobbled during the walk and turn test and was stopped because the officer swerved into another lane.

Also, supposedly the officer had a physical impairment with one of his eyes, and that that may have lead to more tests. Well, when my clients have physical ailments that could affect the tests, the arresting officer always claims to “take it into consideration.” Now I am not sure how they do that, because even a young man I represented that only had one leg, still got arrested after the officer assured him he would “take it in to consideration.”

Now, don’t get me wrong, I think this officer, after blowing .02, should have been let go, but for heaven’s sake, let’s make the rule uniform. I find it hypocritical for the Association to complain that an officer had to give blood, but support a “No Refusal” policy. Like my grandma said, “what is good for the goose is good for the gander.”

Posted in Austin DWI, Austin Police, Blood Test, Breath Test, News | Comments Off

Travis County Hospitals and Sheriff’s Department have finally figured out that Forced Blood Draws are a bad idea. When will Chief Acevedo figure it out?

The Austin American Statesman reported in today’s paper that Austin’s Hospitals and the Sheriff’s Department have informed the Austin Police Department (APD) that they will no longer collect blood for APD.

Travis County’s central booking facility had been the place where APD took their suspected DWI folks for the forced blood draw. APD would rely on the Sheriff’s nurses to do the forced blood draw. (If the person refused, they would literally strap them in a chair so that the person couldn’t move their arms, and then stick them with the needle) The Sheriff’s Department nurses stopped taking blood samples on January 1. The Sheriff’s Department has finally realized that the nurses main function should be to treat inmates, not collect evidence. Further, they are deeply concerned about having to give nurse’s overtime pay to appear in court after having been the one that draws the blood. Read the rest of this entry »

Posted in Austin DWI, Austin Police, Blood Test, News | Comments Off

DWI Dismissed – No Probation, No Community Service

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped for driving 61 miles per hour in a 40 mile-per-hour zone.

My client provided a BREATH SAMPLE. My client also performed the Standardized Field Sobriety Tests (SFSTs). He said he didn’t know he could refuse them.

The officer reported that my client emitted a strong odor of alcohol from his breath, had bloodshot, glassy eyes and slurred speech. The officer reported that my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer stated that my client lost his balance during the instructions and failed to touch heel to toe during the Walk & Turn test. The officer then reported that my client performed the One Leg Stand test as instructed. In light of all these fact, the officer decided to arrest my client for DWI.

We took the case to court and let the State know that we were going to fight. Eventually the prosecutor agreed to DISMISS THE DWI and my client pleaded to a minor traffic ticket.

Posted in Austin DWI, Blood Test, Breath Test, DWI Victories | Comments Off

DWI Dismissed – No Probation, No Community Service

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped for driving 61 miles per hour in a 40 mile-per-hour zone.

My client provided a BREATH SAMPLE. My client also performed the Standardized Field Sobriety Tests (SFSTs). He said he didn’t know he could refuse them.

The officer reported that my client emitted a strong odor of alcohol from his breath, had bloodshot, glassy eyes and slurred speech. The officer reported that my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer stated that my client lost his balance during the instructions and failed to touch heel to toe during the Walk & Turn test. The officer then reported that my client performed the One Leg Stand test as instructed. In light of all these fact, the officer decided to arrest my client for DWI.

We took the case to court and let the State know that we were going to fight. Eventually the prosecutor agreed to DISMISS THE DWI and my client pleaded to a minor traffic ticket.

Posted in Austin DWI, Blood Test, Breath Test, DWI Victories | Comments Off

DWI Dismissed – No Probation, No Community Service

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped for driving the wrong way on a one way street.

My client provided a BLOOD TEST SAMPLE and performed the Standardized Field Sobriety Tests (SFSTs). She didn’t know she could refuse all the tests.

The officer reported that my client emitted a strong odor of alcohol from her breath and had bloodshot eyes. The officer said my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer said that my client used her arms to maintain balance, turned improperly and stopped during the test on the Walk & Turn test. The officer stated that my client swayed and hopped to maintain her balance during the One Leg Stand test.

We took the case to court and let the State know that we were going to fight. Eventually the prosecutor agreed to DISMISS THE DWI and my client pled to a minor traffic ticket and paid a small fine. This is especially good because it allows us to have any mention of the DWI arrest completely erased from her record.

Posted in Austin DWI, Blood Test, DWI Victories | Comments Off