Austin DWI Lawyer Frim: Dunham Law Firm, Attorneys at Law, P.C.
Austin DWI Lawyer Blog is put together by Paul Dunham who is a DWI lawyer in Austin, Texas. Mr. Dunham's team of DWI defense lawyers in Austin have a strong success rate in handling their client's DWI and criminal defense matters. For more information on obtaining legal representation from the Dunham Law Firm for a DWI in Austin, please call Mr. Dunham at (512) 777-7777 or complete the "Request a Phone Call" contact form on the left side of your screen. Phones are answered 24 hours a day, 7 days a week.
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.
'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.
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.
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.
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.
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.
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.
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.
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.
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.
