If you’re facing criminal charges for DWI and you feel there’s problems with the BAC test, you’re not alone. During our experience as DWI lawyers, we’ve worked with lots of individuals with questionable BAC test results following a DWI arrest. If you’re in this situation, we can help you. For over 30 years, we’ve dedicated […]
Prosecutors win many Texas criminal cases with physical evidence collected at the scene of the crime or from the defendant after being taken into custody. The same is true of Houston DWI cases, which often hinge on blood or urine samples. To make sure this evidence is admissible, the prosecution needs to show it wasn’t […]
One of the cardinal rules of criminal law is that police must normally obtain a warrant before conducting a search. The warrant itself must specify the scope of that search. In other words, it is unlawful for a judge to issue a “general warrant” that gives the police broad discretion to search an unspecified place. […]
The Fourth Amendment to the U.S. Constitution protects all Texas residents from “unreasonable” searches and seizures. This includes mandatory testing of one’s blood following a drunk driving arrest. If you do not consent to a blood test–and you always have the right to refuse a blood test–then police must obtain a warrant before drawing or […]
For over 30 years as a blood test expert & DWI attorney in Houston, TX, Tad A. Nelson has been asked this question hundreds, and probably more correctly, thousands of times. The answer to the question of “whether or not a blood or breath test administered/forced by police officers proves your guilt” is NO. The […]
Austin and Travis County are facing a civil lawsuit from a woman who alleges its law enforcement officers drew blood in violation of her constitutionally protected civil rights. The suit claims that during her arrest, law enforcement officers strapped her to a chair, put a bag over her head, and choked her “until her body […]
Recently, the highest criminal court in the state, the Texas Court of Criminal Appeals, has ruled that blood search warrants are required for officers to obtain blood samples from those who they suspect are driving while intoxicated. Blood samples are to be used as evidence of the suspected drunk driver’s blood alcohol content (BAC) level, […]
