Dallas Criminal Defense Lawyer BlogTexas Court Rejects Defendant’s Motion to Suppress Incriminating Evidence
In a recent opinion from a Texas court involving a DWI, the defendant’s request for incriminating evidence to be suppressed was denied. The defendant was found guilty of driving while intoxicated and appealed by arguing that the court improperly admitted his blood sample as evidence at trial. The court disagreed, ultimately denying the defendant’s appeal.
The Facts of the Case
According to the opinion, an officer in Texas stopped the defendant after observing his vehicle weaving from one lane to the other. The officer also saw that the defendant’s middle brake light was out and was concerned about the vehicle’s defective equipment. During his testimony, the officer explained that he originally looked for the defendant’s car because a bartender had called the police station saying she was concerned that the defendant might be heavily drinking and driving after having departed her establishment.
After stopping the defendant’s vehicle, the officer noticed the smell of alcohol, slurred speech, bloodshot eyes, and that the defendant was sleepy and swaying. While the defendant admitted to drinking alcohol, he refused to submit to a blood test. Based on the officer’s statements, however, a judge found that there was probable cause for a search warrant, and decided that the officer was legally allowed to take a sample of the defendant’s blood regardless of whether or not the defendant was willing to give it. The defendant’s blood sample was thus obtained and eight days later, was delivered to the Texas Department of Public Safety. An analysis of the sample showed that the defendant’s blood-alcohol level had been .170 grams of alcohol per 100 milliliters of blood. He was convicted for driving while intoxicated.