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Blood Search Warrant Driver’s License Suspension in Austin, Texas

Thursday, September 15th, 2011

In Texas, when a person is arrested for a DWI or Driving While Intoxicated, two separate cases proceed against the accused. The first case is criminal where the person faces jail time, probation, fines, community service amongst other penalties for a DWI conviction in Austin, Texas. The second case that proceeds forward against the accused is a civil case to suspend the defendant’s driver’s license. If the person is found guilty in the civil case, the person faces a driver’s license suspension. When a person is arrested for DWI or driving while intoxicated he or she has 15 days after the date of arrest to request what is referred to as an Administrative License Revocation hearing. If the person fails to request a hearing, their license will be suspended on the 40th day after arrest.

If the driver fails the breath and or blood test or refuses to take one, the ALR suspension will be begin. The penalties for refusing to provide a breath and or blood sample are greater than consenting to a breath and or blood test which is over .08 blood alcohol concentration. If a person refuses to submit to a breath and or blood test, their license will be suspended for 180 days, while if the person consents and fails the test their license will be suspended for 90 days.

Within the past few years, blood search warrants have become more frequent in DWI or driving while intoxicated cases. Meaning the person refused to submit to a breath and or blood test and the police officer obtained a search warrant for the person’s blood. What happens if the blood sample comes back at under the legal limit? The person’s driver’s license is suspended for 180 days for refusing to submit to a breath and or blood test. Why is the person’s driver’s license suspended? When a person obtains a driver’s license in the State of Texas, the person agrees to provide a breath or blood sample if they are arrested for driving while intoxicated otherwise they subject themselves to a suspension.

The differences between DWI and Public intoxication regarding the definition of intoxication in Austin, Texas.

Tuesday, September 13th, 2011

If a person is arrested for DWI or Driving  While Intoxicated, that person will be subject to one standard of intoxication, while if that person is arrested for public intoxication that person will be subject to another standard of intoxication. A person arrested for public intoxication only need be intoxicated to the degree that the person may endanger themselves or another. Specifically, a person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger themselves or another. On the other hand, a person arrested for Driving While Intoxicated is intoxicated if that person has lost the normal use of mental or physical faculties by reason of the introduction of alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more. Specifically, a person commits an offense for Driving While Intoxicated if that person is intoxicated while operating a motor vehicle in a public place.

The standard for intoxication as it relates to public intoxication is subjective, while the standard of intoxication for driving while intoxicated has both a subjective and objective standard.

 

Changes in the DWI or Driving While Intoxicated laws in Texas

Tuesday, September 13th, 2011

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