KRIEBEL LAW FIRM, PLLC - Protecting Your Rights
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Driving While Intoxicated related posts

"No Refusal" Policy

Bexar County has enacted a "no refusal" policy if you are pulled over for a DWI that is in effect 24/7. What does this mean and what should you do? If you are pulled over for suspicion of driving while intoxicated, the "no refusal" policy means that the police want to test your blood for evidence of your blood alcohol level. Their "no refusal" slogan/phrase is misleading. The district attorney and police would have you believe that you are not permitted to refuse their request to take your blood. This is not true. You should always refuse to submit to their request to take the field sobriety tests, the breathalyzer test, and the blood draw. By refusing, the officer must get a warrant to take your blood. We can later challenge the legal sufficiency of the warrant in court. If you consent, then it takes away my ability to fight the legality of the blood draw. If you wouldn't consent to the police searching your home, then do NOT consent to their taking your blood without a warrant. Once the officer has a warrant, cooperate and be polite but do NOT give consent at any time.
 

Mandatory Blood Draw Every Weekend in 2011!!

DA Susan Reed has mandated that if you are arrested for a DWI then you will automatically be subjected to a blood draw to determine your blood alcohol level. Can she do this?
 
What does this mean for you? What rights do you have? If a cop asks you if you have been drinking then you should be alert that he is investigating you for a possible DWI. In most cases when this process has begun, the cop is looking to arrest you and will likely arrest you. Admit nothing.  Say NO to the breathalyzer. Say NO to the blood draw. Say NO to the field sobriety tests. Ask for your attorney. They will still withdraw you blood, however keep saying NO. Then let us fight for your rights in court. Be polite to the officer and anyone else you come into contact with or your actions can be interpreted as additional evidence that you are intoxicated.

ALR Hearings

You have 15 days from the date of your DWI arrest to request this hearing. The purpose of this hearing is to preserve your driver's license. However, it is more important to use this hearing to cross-examine your police officer. This is your opportunity to lock the officer into his testimony by asking him questions about why he pulled you over, how he conducted his field sobriety tests, and how you performed on those tests. This is our best evidence at trial! Do not delay in contacting me so that I can timely request this hearing and protect your interests.

Mandatory Blood Draw Weekend!

District Attorney Susan Reed has established this weekend, October 22-24, 2010, as mandatory blood draw weekend. You can say no to the breath test and field sobriety tests but if you refuse the blood draw, she will get a warrant and immediately take you to the hospital and take your blood AGAINST YOUR WILL!!! What do you do? Continue to say no and ask for your attorney. Let us fight for you and against this policy in court! And ALWAYS BE NICE AND POLITE TO THE COP despite saying no.