Austin DWI Lawyer: Austin DWI Attorney handling Drunk Driving Defense

Blood draws in DWI cases have Texas hospitals concerned

2010-03-10T23:57:58Z

Ethical and legal concerns limit drawing blood from suspected drunk drivers in Texas.

Last year the Texas state legislature passed a law allowing law enforcement officers to seek a blood draw to test blood alcohol content (BAC) of drivers who

have a history of TX DWI arrests,

have caused a wreck resulting in serious injuries to the occupants of another vehicle, or

have a passenger under the age of 15 at the time of the accident. When one or more of these criteria are met, officers can request a blood draw without first seeking a warrant for the sample.

State DWI law strictly stipulates the environment in which a blood draw can be conducted and who can collect such evidence. Some more populous cities employ a licensed nurse or phlebotomist, though many law enforcement agencies rely on hospitals to collect a sample that can be used as evidence in a criminal case.

Texas hospitals however are not always willing to engage in the practice of drawing blood from a DWI suspect. Administrators cite the medical ethics that generally prohibit a doctor or a nurse from performing unwanted procedures on patients. To do so could open the professional to disciplinary action from the state medical or nursing boards. A lawsuit from an unwilling drunk driver poses a financial risk, not to mention a safety risk of putting hospital employees in potential danger from a resistant suspect.

]]> The situation was brought into focus recently when an off-duty police officer who had been arrested for four prior incidents of driving while intoxicated slammed into another vehicle in the town of Alamo. The officer also had his 11-year old son in the vehicle at the time of the accident, clearly meeting all three criteria for the new law permitting a blood draw without warrant. Three hospitals in the Rio Grande Valley refused to conduct a blood draw.

Each of the hospitals has declined comment on procedure and policy. The Hidalgo District Attorney's office has said it will proceed with the criminal case of DWI, but admits that the case would have been stronger if evidence of the suspect's blood alcohol content had been collected shortly after the accident.

Law enforcement authorities and medical professionals have been trying to resolve similar issues across the state, with some local success. Police initiating traffic stops for suspected drunk drivers in Austin periodically employ a 'no refusal' initiative that involves a mobile crime lab and licensed medical personnel for drawing blood samples. In Williamson County, DWI suspects are taken to the county jail where licensed phlebotomists take blood samples in the infirmary.

Officials in the Valley say that discussions are planned following the recent DWI incident. The Hidalgo Sheriff's Department said it would consider emulating the actions taken in other areas in the state, should licensed professionals be available.

17 Super Bowl DWI arrests made during 'No-Refusal' campaign

2010-03-10T23:43:56Z

'No-Refusal' drunk driving crackdown held Super Bowl night through next morning.

Austin Police Department reported seventeen arrests for driving while intoxicated (DWI) in Austin after the Super Bowl. An anti-drunk driving initiative was conducted between 9:00 pm Sunday night and 5:00 am Monday, and it included implementation of the police department's 'no-refusal' policy. Motorists suspected of DWI who refused to submit to a breath test were subject to a warrant for a blood sample.

]]> Warrants were used in seven situations, and in each of them the driver had a blood alcohol content (BAC) above .08%. Six of the seven had a BAC at least twice the legal limit, and four of those registered 0.24% or three times the limit. A total of 17 DWI arrests were made, with one more case under investigation.

Texas DPS Officer accused of DWI in North Austin

2010-03-10T23:34:23Z

Texas Department of Public Safety State Capitol guard was charged with DWI.

An officer with the Texas Department of Public Safety (DPS) has been relieved of their duty following an arrest for driving while intoxicated (DWI). The Trooper had been assigned to protect the State Capitol in Central Austin.

On February 9th Trooper Jose Munoz was stopped for suspicion of DWI in North Austin. When stopped on Research Boulevard near Great Hills Trail, Trooper Munoz was found to have an open bottle of whiskey and at least six beers in his vehicle. Trooper Munoz was off-duty at the time and driving his personal car. He was suspended from duty, and he later elected to retire. Trooper Munoz, 50, was a 29 year veteran with the DPS.

Austin man arrested for DWI in Austin Police Parking Garage

2010-03-10T23:24:07Z

Man did not know area when he pulled into the garage at APD headquarters

Kelly Lee Lovato was charged with driving while intoxicated (DWI) after accidentally pulling into the parking garage at the Austin Police Department headquarters. According to the arrest report, Mr. Lovato was observed by an officer making a sharp turn into the garage. Mr. Lovato said that he was unfamiliar with area and that friends in the vehicle had told him to turn into the garage. He admitted to having consumed three or four beers and to smoking marijuana.

]]> Mr. Lovato, 24, was booked on charges of DWI in Austin, Texas. His bond was set at $40,000.

14-Year Old Charged with DUI in Austin

2010-03-10T20:14:15Z

Girl's uncle let her drive because he was too drunk.

A 14-year old girl was arrested for suspicion of driving under the influence (DUI) in Austin, Texas on February 19th. Her uncle had let her drive because he was too drunk to do so himself.

A caller notified police of a reckless driver in a 2003 Ford Explorer around 11:30 pm on Airport Boulevard in East Austin. The caller said that the vehicle had fishtailed, turned from a center lane into a parking lot and almost hit a building, reentered the roadway and drove in the bicycle lane. Police eventually stopped the vehicle, but not before it jumped a curb and drove through a residential lawn.

]]> The officer detected a strong aroma of alcohol coming from the teenaged driver. A breath test revealed a BAC of .14% and she was arrested for DUI (minor's in Texas are charged with a DUI, not DWI). The girl's uncle, Raunel Soto, 39, was in the front passenger's seat and he reportedly had allowed her to drive because he was too intoxicated to even stand up. In the car, investigators found several opened and half full beer cans on the floorboard where Soto had been sitting. He was charged with child endangerment and public intoxication.

A 16-year old boy and a 16-year old girl in the back seat smelled of alcohol and marijuana. There is no indication of the two passengers being charged with crimes.

"No-Refusal" for Super Bowl Sunday to deter drunk driving in Austin

2010-02-06T00:19:24Z

It's another "No-Refusal" weekend in Austin, Texas.

From 9 p.m. on Feb. 7 through 5 a.m. on Monday, Feb. 8, 2010 the Austin Police Department will enforce a "No Refusal" initiative. During this time frame, warrants for a blood draw will be immediately issued for those suspected of driving while intoxicated who refuse to use the breathalyzer. Currently these drivers are taken to a local hospital to have their blood drawn. The Travis County Sheriff's department and Austin Police Department are trying to work out a deal to have the phlebotomists work out of the jail to improve efficiency.

Recent "No-Refusal" initiatives resulted in 48 arrests during Halloween of 2009 and 24 arrests during New Year's Eve 2010.

Austin Police insists that it is focused on saving lives and making Austin roadways safe for everyone, but the "No Refusal" initiative is very controversial. There are many people who believe that this type of program violates our constitutional right and goes to far. However, those on the other side believe that these measures are needed to keep people from driving drunk.

]]> These "No Refusal" weekends are becoming more and more common across Texas. They started on holiday weekends and are now being used on any weekend the police department determines is a high volume DWI weekend. Many contend that more DWI arrests equals more money for the State created under the guise of making us safer. If you are arrested for DWI in Austin this weekend please call us at 512-777-7777 to make sure you protect what rights you have left.

Austin Police Officer Leonardo Quintana Arrested for DWI

2010-01-15T21:50:50Z

APD Officer Leonardo Quintana was arrested for DWI in Williamson County after he wrecked his car early January 11, 2009.

The police officer who shot and killed 18-year old Nathaniel Sanders has been arrested for DWI in Williamson County. Leonardo Quintana was found at the scene of a crash around 5:00 am Tuesday in Leander, northwest of Austin. He reportedly smelled of alcohol and showed signs of impairment. Quintana refused to submit to a breath or blood test to check his blood alcohol content.

]]> Quintana was booked into the Williamson County Jail by the county Sheriff's Office on charges of driving while intoxicated. He posted a $1,000 bond and was released around 9:30 am. Officials with the Austin Police Department say that Quintana has been placed on restrictive leave, with pay. They refused further comment on the DWI arrest.

Quintana was found to have been in violation of APD policy during the Sanders shooting, for not activating his dashboard camera when he approached the vehicle Sanders was sleeping in. Quintana told investigators he struggled with Sanders over a gun and ultimately fired his weapon three times. He was cleared of any wrongdoing, but an external investigation found evidence of bias on the part of the internal affairs officers. Quintana retained his position with APD, but a detective involved with the internal investigation was fired.

APD's 2009 DWI Bar List of "Where did you have your last drink?"

2010-01-08T23:13:09Z

Top Austin bars to visit before getting a DWI in Travis County.

The Austin Police Department has released its annual list of bars where those arrested for drunk driving in Austin had their last drink. Law enforcement officials use this list in targeting motorists suspected of driving while intoxicated in Texas.

The majority of bars are located in the famed Austin 6th Street Entertainment area and the nearby Warehouse District in the center of the city.

]]> Here is a list of bars where suspected drunk drivers in Austin had their last drink in 2009 before getting a DWI from Austin Police Department.

J. Blacks, 710 W. Sixth Street - 27 DWI arrests
The Ranch, 708 W. Sixth Street - 22 DWI arrests
Rain, 217 W. Fourth Street - 17 DWI arrests
Maggie Mae's, 323 E. Sixth Street - 16 DWI arrests
Blind Pig, 317 E. Sixth Street - 16 DWI arrests
Oilcan Harry's, 211 W. Fourth Street - 15 DWI arrests
Fado, 214 W. Fourth Street - 15 DWI arrests
Pure, 419 E. Sixth Street - 13 DWI arrests
Cedar Street, 208 W. Fourth Street - 13 DWI arrests
Union Park, 612 W. Sixth Street - 12 DWI arrests
Fuel Nightclub, 607 Trinity Street - 12 DWI arrests
Lavaca Street Bar, 405 Lavaca Street - 12 DWI arrests
Key Bar, 617 W. Sixth Street - 12 DWI arrests
Jackalope, 404 E. Sixth Street - 12 DWI arrests
Sherlock's, 9012 Research Boulevard - 11 DWI arrests
Shakespeare's, 314 E. Sixth Street - 11 DWI arrests
Antones, 213 W. Fifth Street - 11 DWI arrests
Gingerman, 304 W. Fourth St., 10 DWI arrests
Lucky Lounge, 209 W. Fifth Street - 10 DWI arrests
Dizzy Rooster, 306 E. Sixth Street - 10 DWI arrests
The Yellow Rose, 6528 N. Lamar Boulevard - 10 DWI arrests
Charlie's, 1301 Lavaca Street - 10 DWI arrests
Groove, 101 W. Fifth Street - 10 DWI arrests
Ace's Lounge, 222 E. Sixth Street - 9 DWI arrests
Red Fez, 209 W. Fifth Street - 9 DWI arrests
Molotov, 719 W. Sixth Street - 8 DWI arrests
Qua, 213 W. Fourth Street - 8 DWI arrests
219 West, 219 W. Fourth Street - 8 DWI arrests
Six, 117 W. Fourth Street - 8 DWI arrests
Speakeasy, 412D Congress Avenue - 8 DWI arrests
Stubb's, 801 Red River - 8 DWI arrests
Little Woodrow's, 520 W. Sixth Street - 8 DWI arrests
Eddie V's, 301 E. Fifth Street - 8 DWI arrests

Areas Reporting Highest Incidents of DWI in Austin

2009-12-30T16:47:00Z

Locations where Austin DWI arrests and alcohol related accidents occur most frequently in 2008 and 2009.

A spokesperson with the Austin Police Department's DWI Enforcement Unit has released areas in Austin that are most noted for incidents of DWI arrests and alcohol related accidents. In response to the high numbers, the locations listed have been subject to increased DWI saturation patrols looking for potentially impaired drivers.

]]> In a one mile stretch in North Austin known as DWI Alley, there were nine drunk driving arrests on a single Friday night alone. That equals the number of Austin DWI's across the entire city on a typical Friday.

Top Austin DWI Arrest Locations

100 South 1st: 134
1100 West 6th: 77
1500 Cesar Chavez West: 69
90 Guadalupe: 63
1600 Riverside Drive East: 58

Top Austin DWI Collision Locations

9515 North Lamar: 9
Lamar and Rundberg: 8
I35 Southbound Service Road and Riverside: 8
South Congress and Oltorf: 8
I35 Northbound Service Road and Rundberg: 7
I35 Southbound Service Road and 7th Street: 6

Twitter Being Used to Avoid Sobriety Checkpoints

2009-12-30T15:46:50Z

Tweets and texting alert motorist to locations of sobriety checkpoints.

It has recently been reported California has planned to aggressively increase the number of sobriety checkpoints searching for drunk driving motorist and a prosecutor's office in Texas is announcing the names of those accused of DWI using the social network Twitter. In a mash-up of theses two articles, drivers in California are issuing Twitter tweets to alert other motorists of the locations of sobriety checkpoints with hash tags like #dui or #checkpoints and direct messages while District Attorney Brett Ligon is using the DA's Twitter account to tweet the names of DWI suspects in Montgomery County, Texas.

Twitter, the free electronic messaging service, allows subscribers to share short notes that can be sent to cell phones and computers. The technology has been increasingly used to instantly inform 'friends' in the network of law enforcement activities.

]]> Law enforcement agencies lament the activity, partly because the efforts are undertaken by a youthful demographic, one also shown to have a higher number of incidents of impaired driving.

They point out however that the primary focus of sobriety checkpoints is to make a driver think twice before getting into a vehicle, not apprehend drunken drivers.

DUI saturation patrols and targeted enforcement in areas of high alcohol related arrest or accidents are also employed besides sobriety checkpoints.

A criminal defense attorney points out that police departments are required to publicly announce the locations of sobriety checkpoints, and feels that Twitter tweets simply are an extension of that. A spokesperson with the California Office of Traffic Safety however, feels that the technology will be used to help some avoid arrest of drunk drivers.

A DWI in Texas Can Get You a Twitter Tweet

2009-12-30T15:18:37Z

Incidents of drunk driving in Houston area to be sent out on the social network Twitter.

In a controversial move, the district attorney's office in Montgomery County is planning on issuing Twitter Tweets announcing the names of those arrested for driving while intoxicated in Texas.

Between Christmas and New Year's Eve, the county's vehicular crimes prosecutor has authorized the publication of the names of those accused of DWI in Texas. The goal is to make motorist think twice before possibly driving while impaired by alcohol or drugs during the Christmas holiday season. Similar action is being considered for other major holidays associated with higher incidents of drunk driving, especially the Fourth of July and Memorial Day weekends.

]]> Arrest records are in the public record and crimes such as drunk driving are periodically published as a form of public shame. Texas DWI defense attorneys feel that the practice, and it's expansion to Twitter, impacts a person's ability to legally challenge an arrest. Everyone charged with a crime is entitled by law to a defense and is innocent until proven guilty.

The names of those arrested for DWI will be posted on a District Attorney's Twitter page.