Cleveland, TX Criminal Defense Law Firms & Lawyers

Forced blood draws following a traffic stop are allowed in some states when the police believe the driver is intoxicated and he or she refuses to take a test. In some of these states, a search warrant is required. In others, warrants are not required either under the theory that driving under the influence is inherently dangerous and creates an emergency situation requiring immediate action to determine if the person is in fact intoxicated, or because by law, drivers are deemed to have consented to such testing. (Most if not all states have "implied consent" laws, under which any person who drives a vehicle within the state is considered to have given consent to a chemical, blood, breath or urine test to determine the presence of alcohol or drugs.) Generally, a forced blood draw requires the police to have probable cause to believe a suspect is driving under the influence and a search warrant or a recognized exception to the warrant requirement, such as exigent circumstances or consent. In addition, the method of blood testing employed must be reasonable and the test must be performed in a reasonable manner. The issue of reasonableness seems to be one providing a fertile ground for legal challenges. Opinions diverge on whether the taking of blood by police officers, even those trained to do so, instead of by medical personnel, is reasonable. Similarly, it is not universally accepted that taking blood at a police station or at the scene of a traffic stop, as opposed to at a hospital or in another medical environment, is reasonable. There have been strong objections to both, since police officers are not medical professionals, even after they receive training, and the police station is not a sanitary environment. In Texas, where you are from, statutes grant police the authority to require forced blood draws in certain circumstances, such as a when suspect is arrested for suspicion of drunk driving and a traffic accident with injuries has occurred. Recently, police in some Texas counties have expanded the practice to general DUI stops where no accident occurs. However, in one case, a Texas appeals court invalidated a forced blood test where the police failed to ask the suspect about her general medical history and then failed to follow up on her condition, finding the suspect was subjected to an unjustified risk of medical harm. Since the law and practices seem to vary from county to county in Texas, your best bet is to consult with a criminal defense attorney experienced in the driving laws of the county where you were stopped. He or she can provide you with advice specific to the facts and circumstances of your case.

Most terms of probation include no possession of firearms. You need to check the written terms of probation or ask your PO. More importantly, do you have a permit to carry?

First thing you should do is to hire an attorney and see if the case can be beaten. If you take that deal you'll have a conviction on your record, and you'll still be out the restitution. The better idea is to have someone go in and investigate the State's case and/or negotiate a deal that ensures you don't end up with a conviction on your record.