DWI Blood/Alcohol Testing in Hospitals? (“Hey, prosecutor, that’s none of your business!”)
San Antonio DWI Blood Alcohol Concentration (BAC) Testing in Hospitals I’m not talking about “privacy” here. I think we all know that if the government really wants to get into your business, it can and it will. This is just a fact of modern life. So, unless you live in a shack in the middle […]
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DWI or Defendable? Looking at Blood Test Inaccuracies.
A Blood Test Isn’t Airtight Evidence in Your DWI Case Blood testing in DWI cases may be a bit frightening, especially to someone who has been arrested. Of course, there is the medical procedure of drawing blood that makes many people squeamish. Then, there is a lot of pomp and circumstance around the process. Latex […]
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Specialty and Treatment Courts
Some of my clients take drugs or drink alcohol for reasons other than recreation. It is sometimes a sad fact of heroism in the military that our heroes suffer not only physical injuries but also mental injuries. These injuries may include traumatic brain injury as well a post-traumatic stress disorder (PTSD). People with these problems […]
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DWI’s Today
First, if a lawyer guarantees that he will get your case dismissed have him put it in writing, and I will represent you for FREE because criminal lawyers cannot ethically present that they can be hired for a specific result. To do that is a violation of State Bar Ethics, and a lawyer can be […]
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A Method to Their Madness?
Testing on the Machine (Perkin-Elmer Clarus 500 and TurboMatrix) After a laboratory purchases a gas chromatograph, a Perkin Elmer employee comes to the site to set it up, and he tests it to assure that it is in working order. After all, it costs about $75,000. Nevertheless, the DWI lawyer should know that it is […]
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“Good” Science For Gas Chromatographic Blood Alcohol Analysis
First of all, we need a cast of characters for this story. A Laboratory The central calibration and testing laboratory in Texas is the Texas Department of Public Safety Forensic Toxicology Laboratory [DPS]. The Rules All laboratories have their own Standard Operating Procedures. These are usually in the form of a manual that describes in […]
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Laboratory Blood Testing: What’s Really Going on Here?
So many States in this country are using blood test results in DUI/DWI cases that the Supreme Court had to lay down some rules. Number One: A blood draw is a search, and the police are going to need a search warrant to do it. Missouri v. McNeely (2013) Number Two: The person who actually […]
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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 […]
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Attorney George A. Scharmen Listed in Top 3 San Antonio DWI Lawyers
In an effort to provide consumers a list of the best services in their local area, Three Best Rated® compiles lists of the top 3 businesses for various categories and cities throughout the U.S. They have recently listed Attorney George A. Scharmen as one of the Top 3 DWI Lawyers in San Antonio. Three Best […]
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Attorney Scharmen Interviewed Regarding Accuracy of New DWI Test
According to a report from Channel 4 News, the San Antonio police department along with several other police departments across Texas are rolling out new breath-testing machines used in DWI cases. Police say The Intoxilyzer 9000—the replacement of The Intoxilyzer 5000—is much improved from the previous model; but several people including Attorney Scharmen have questioned […]