Austin DWI Attorney Blog

Austin DWI Attorney Blog

Information regarding DWIs in and around Austin/Travis County

Category Archives: Austin DWI

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The List of people that can draw blood from a person accused of DWI is about to get bigger.

Posted in Austin DWI, Austin Police, Blood Test, DPS Troopers, Texas DWI Laws
  Starting September 1, 2013, the number of individuals that will be authorize to take blood samples from people accused of DWI will increase. The Legislature has amended the Transportation Code Section 7.24.017 to include Emergency Medical Technicians. Up until now, only licensed physicians, qualified nurses, technicians or chemists were allowed to draw blood. Currently, Emergency Medical Technicians are … Continue Reading

NTSB wants 0.05 to be the standard for DWI

Posted in Austin DWI, Blood Test, Breath Test, Intoxilyzer
CNN reported that Washington’s National Transportation Safety Board (NTSB) is recommending that all 50 states should lower the blood alcohol content rate from .08 to .05.  The NTSB is trying to force the states to expand their laws allowing officers to confiscate a driver’s license when arrested for DWI….Something Texas already does.  NTSB is also … Continue Reading

Involuntary, warrantless, blood tests may be unconstitutional!

Posted in Austin DWI, Blood Test, Texas DWI Laws
 The Austin American Statesman did a good job with their article on what a new Supreme Court case may mean to DWIs.     Involuntary, warrantless, blood tests may be unconstitutional after the U.S. Supreme Court ruling in MISSOURI v. MCNEELY.    The U.S. Supreme Court recently held that involuntary blood draws from drunken driving suspects can be … Continue Reading

MAAD continues to request IID for first time DWI offenders

Posted in Austin DWI, Breath Test, Intoxilyzer, Texas DWI Laws
  Members of the House Committee on Jurisprudence are meeting to consider ways to address DWIs in Texas, including whether to require ignition interlock systems for first time drunk driving offenders.   MAAD is pushing this hard, and has the attitude that it isn’t expensive to have the IID installed and maintained in a vehicle.  … Continue Reading

Can Energy Drinks Show Up as Alcohol on the Ignition Interlock Device (IID)?

Posted in Austin DWI, Breath Test, Intoxilyzer
Brian Lutmer, Carol Zurfluh and Christopher Long with the Missouri Department of Health and Senior Services, State Public Health Laboratory, Breath Alcohol Program, and the Saint Louis University Toxicology Laboratory, Toxicology Department conducted a study to answer such a question. They tested 27 energy drinks, and 11 (40.7%) showed up positive for alcohol on the … Continue Reading

DWI Conviction and Traveling to Canada

Posted in Austin DWI, Austin Police, Blood Test, Breath Test, Texas DWI Laws
The Canadian government has always been difficult when it comes to allowing folks with DWI conviction on their records to gain entry. The Canadian rule about entry is pretty straightforward. A person will be denied entry into Canada if they have been convicted outside of Canada of an offense that, if convicted in Canada, would constitute … Continue Reading

Austin Police Department Releases the List of Austin’s Top DWI Bars

Posted in Austin DWI, Austin Police, Texas DWI Laws
images.bimedia.net/documents/Copy+of+Top+Bar+Location+2011.xlsThe Top 20 DWI bars are: Kung Fu Saloon (23 Arrests) J Black’s (17 Arrests) Rain (15 Arrests) The Ranch (14 Arrests) Molotov (13 Arrests) Thirsty Nickel (13 Arrests) Oilcan Harry’s (12 Arrests) Sherlock’s Baker St (11 Arrests) Blind Pig Pub (10 Arrests) Key Bar (10 Arrests) Shakespeares (10 Arrests) The Yellow Rose (10 Arrests) … Continue Reading

DWI Probation Program

Posted in Austin DWI, Texas DWI Laws
San Antonio Express News ran a report last week of a Tarrant County DWI probation program called Felony Alcohol Intervention Project. It is designed for offenders with three or more DWIs.  This program these repeat offenders to accept a “plea bargain for a seven-year prison sentence that is probated to four years.  The goal of … Continue Reading

Driver Responsibility Program Repealed?

Posted in Austin DWI, Texas DWI Laws
The Texas Tribune reported this week that state lawmakers are considering eliminating the Driver Responsibility Program that was created in 2003 “to generate money and discourage unsafe driving.” The program tacks on a surcharge to drivers who get ticketed for various moving violations like driving while intoxicated, driving without insurance and driving without a license. Since inception, … Continue Reading

Austin Police Department has issued their list of the most frequented bars for suspected DWI drivers

Posted in Austin DWI, Austin Police
The Austin Police Department has released its annual compilation of  bars, clubs and restaurants that are most frequently named by motorists who are arrested for DWI.  Police use the information when deciding what areas of Austin to target their enforcement. Here’s the bar name, the address and the number of motorists who reported having their … Continue Reading

The Legislators are warming up to attack DWIs in Austin, TX

Posted in Austin DWI, Austin Police, Texas DWI Laws
The Dallas Morning News reported that some Legislators are already beating their drums regarding their proposals to fight DWIs. In the past, Legislators have thought the only solution was to make the punishment for DWI more harsh. They are not realizing that this isn’t the answer. The real issue is what works and what doesn’t. In the past, … Continue Reading

Changes in DWI Law in Texas

Posted in Austin DWI, Blood Test, Texas DWI Laws
As of today, September 1, two new laws go into force that deal with DWIs in Texas.  Section 724.017 of the Transportation Code is now expended to allow more situations where police can do a forced blood draw without a warrant.  Mandatory warrantless blood draws are now allowed if a person is arrested for DWI, or … Continue Reading

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?

Posted in Austin DWI, Austin Police, Blood Test
Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:”"; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0in; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:”Calibri”,”sans-serif”; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:”Times New Roman”; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;} The Austin American Statesman reported in today’s paper that Austin’s Hospitals and the … Continue Reading

Drink, Drive, Go to Jail maybe the policy, but it isn’t the law!

Posted in Austin DWI, Austin Police, Texas DWI Laws
This past weekend, the Gregg County, Texas sheriff issued a press release that stated that if  you drink and drive this independence day weekend – you will go to jail. In December 2006, Gregg County commissioners approved a grant to participate in the statewide “Drink, Drive, Go To Jail” campaign.  This grant provides resources necessary to conduct … Continue Reading