 If it bleeds, it pleads: True for Atlanta?
Texas is again making headlines for its No Refusal policies.
In Texas, if you refuse to take a breathalyzer test, the police can and will take a blood sample from you during No Refusal campaigns. They absolutely love to do this. The Wall Street Journal reports “The attraction for law enforcement and prosecutors is that blood evidence is a powerful tool in front of juries. Armed with blood evidence of intoxication, prosecutors can win convictions in more than 90% of drunk-driving cases….And often, lawyers say, defendants faced with blood evidence admit their guilt and don't bother with a trial. ‘If it bleeds, it pleads,’ said Fort Worth prosecutor Richard Alpert.”
A good DUI Lawyer can challenge blood tests
But that is exactly the wrong attitude a driver should take. There are all sorts of reasons why a blood test might not be valid. Was the correct procedure followed? Was the sample legally collected? A good DUI lawyer will make sure the law was followed and find any challenges there might be.
Meanwhile, Texas defense attorneys are clearly wary of the law. San Antonio and Austin defense lawyer Jamie Balagia, the DWI Dude, is concerned that magistrate judges involved in no refusal campaigns may be prone to rubber-stamp search warrants and calls for more transparency.
One reason for Texas’ use of No Refusal policies is that reported deaths due to drunken driving has nearly doubled in the past four years. Sounds like Texas needs to legalize the use of medical marijuana.
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No refusal laws are bad law
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