Plano DWI Lawyer Blog

Another set of changes to the law governing the ALR process will go into effect soon, and some of changes are not positive for Collin and Dallas County who wish to contest the suspension of their license in an Administrative License Revocation hearing.

HB 2370 amends Texas Transportation Code 524.039 and requires a showing of "good cause" before the ALR judge will authorize a subpoena for the breath test operator to appear at the ALR hearing.  In other words, the law now allows the judge to refuse you an oppoprtunity to call the very person who obtained your breath sample as a witness at your ALR hearing.

 The breath test operator is frequently an important witness for the motorist at the ALR hearing and can shed light on crucial defensive issues, such as the requirement that the person suspected of DWI be observed for fifteen minutes prior to the taking of the test.   In order to establish good cause, lawyers for DWI suspects will have to be more diligent and determined than ever to study the facts surroundin the taking of the client's breath. 

From my perspective, this is another example of the slow but sure march to eliminate process for people accused of Driving While Intoxicated.  As an attorney practicing in this field for ten years, I don't understand the harm that the legislature apparently perceives in having an open, complete, hearing on the issue.  I, for one, eagerly view each ALR hearing as an opportunity.  The legislature has decided to erect another barrier, but creative lawyering will frequently carry th day.

A new law taking effect tomorrow, September 1, 2009 will make it easier for the police to obtain blood samples from motorists whom they suspect are intoxicated.

Under previous law, except in limited circumstances, if police suspected that you were intoxicated, the law required them to explain their suspcicions in writing to a neutral, detached judge who could consider whether probable cause existed to draw your blood. Senate Bill 328 becomes law tomorrow and it will allow the police to obtain blood in greatly expanded situations.

*  If someone other than the suspect is injured and was transported to a hospital.

*  If the person is arrested for Driving While Intoxicated with a child under fifteen in the car

*  If the suspect has been previously convicted of Driving While Intoxicated two or more times;

or has previously been convicted of DWI with child under fifteen, intoxication assault, or intoxication manslaughter. 

The legistature has consciously decided to dispense with the warrant requirement.  The warrant requirement has been a fundamental feature of our legal system since the beginning. 

In the name of expediency and speed, our law now removes this time honored method of checks and balances between the different branchs of government.  Personally, I look forward to developing creative new challenges in the cases that will arrive with the change in law.