In certain areas of Galveston County, the Sheriff’s department has made it a bit easier to issue you a ticket for Driving While Intoxicated.
When a police officer pulls you over for speeding, he usually asks you to take a field sobriety test. You have a legal right to refuse to take a field sobriety test, because you are not legally obligated to help the government prove that you have committed a crime. However, most police officers will simply call a judge to sign a warrant to force you to submit to a breathalyzer test or to give a blood sample.
We attempted to contact Houston DWI Attorney Matt DeLuca regarding this development, but he was unavailable for comment. For those of you who don’t already know, Mr. DeLuca is our favorite DWI Attorney in Houston, and we are obliged to get commentary from him when stories like this break.
It seems to us that if these judges always default to approving these DWI blood sample warrants, then what is the point of requiring a warrant in the first place. Does that make any sense at all?
So here’s the scenario…
It’s 2:37 a.m. and you get pulled over because a police officer suspects that you are drunk. You refuse to take a breathalyzer test (which is almost always a good idea), and the police officer calls a Texas Judge to get a warrant. At 2:39 a.m. the Judge’s cell phone rings. She wakes up out of a dead sleep, logs onto her iPad and approves the warrant.
That just doesn’t pass the sniff test if you ask me. Seems like a complete breakdown of Due Process of Law. We keep watching Mr. DeLuca on Twitter to see if he has anything to say about this. So far it’s only in Galveston County, but you can almost be certain that it will roll out to the rest of Texas very soon.
We were unable to reach Dan Lazarine for comment. But, he is a criminal lawyer in Houston, TX who could give valuable input as he has much experience with this scenario, specifically in the area of DUI Lawyer videos.