Supreme Court Ruling Could Affect Future of Texas DWI Laws
Last Thursday, The Supreme Court made two rulings that placed limitations on DWI tests; one of those rulings could affect Texans. The first ruling states that police are restricted from forcibly drawing blood from someone suspected of driving while under the influence. The second ruling gives police the right to require a breathalyzer test without a warrant.
The ruling stems from three cases in Minnesota and North Dakota in which driver challenged the implied consent laws. The drivers claimed implied consent laws were a violation of the Constitution’s ban on unreasonable searches and seizures. Justice Samuel Alito remarked that breath tests “do not implicate any significant privacy concerns as they do pierce the skin or leave a biological sample in the government’s possession.”
Currently, Texas state legislature does not criminalize Texans who refuse to submit to a breath test. Instead, citizens who refuse a breath test are detained until they are able to obtain a warrant for a blood test. San Antonio Police department claims that right now, nothing will change for residents of San Antonio but the department may consider changing their policy later on. Local San Antonio DWI attorney, George Scharmen, expressed his views on the matter in an interview on KENS5.
Arrested for DWI?
If you have recently been arrested for a DWI in the San Antonio area, you may face considerably high fines, jail time and even lose your driving rights. When you’re faced with DWI charges, you need to choose an experienced San Antonio DWI defense attorney that can properly represent you. With over 40 years of experience, attorney George Scharmen has extensive experience representing the rights of those accused of DWI.
Call to schedule your case evaluation today.