Ever wondered how DPS operates their DWI blood testing machine? Probably not. But if you are a DWI attorney, or defendant, this is an important topic.
I am proud to present the Texas Department of Public Safety’s
Standard Operating Procedures for Blood Alcohol Analysis by Gas Chromatography
MADD recently started their own blog. It seems no one has noticed. Comments are sparce. Not surprising since the writing is formulaic blog drivel.
From the blog title it appears that neo prohibitionist mission creep has set in at MADD. Not content to eliminate drunk driving, MADD is also on a crusade of “underage drinking prevention” and “support of the 21 minimum drinking age law”.
Most posts link a news story about a DWI death or a repeat offender being arrest. Then MADD touts their simple solution that would magically prevent all tragedies in the future. MADD is selling security and only asking for a little liberty in return.
Is an impartial judiciary important for criminal defendants? Even if the defendant is charged with DWI?
DWI enforcement has already destroyed many Constitutional Protections for DWI suspects. The 4th, 5th, and 6th amendments were long ago sacrificed to ensure efficient DWI convictions. Unfortunately MADDness and DWI hysteria are now threatening to destroy the impartial judiciary.
National Center for State Courts
I had a pre trial hearing today regarding the broken Intoxilyzer machine in Kaufman. In Texas, technical supervisors are employed by DPS to maintain and verify these machines.
I was looking to suppress the evidence from a machine that had proven to be faulty and was taken out of service. We had a spirited hearing for 90 minutes, and my suppression motion was denied.
However, there was some interesting testimony on the I-5000. As a public service, here is some information on the Intoxilyzer 5000 (I-5000) and Technical Supervisors (TS).
Besides being inaccurate, Intoxilyzer machines break down frequently.
Last year Kaufman County’s DWI breath test machine was taken out of service. Here is what happened.
Reference Sample
Texas prosecutors and the Fort Worth police are planning to celebrate July 4th by mocking the freedom our country was founded on. It’s another holiday DWI “no refusal” party and you’re invited.
To celebrate the desecration of our Bill of Rights, here is an FAQ on DWI blood draw warrants.
What is a “no refusal” blood draw warrant?
Background- Read the original post
It seems that Texas prosecutors are in agreement that judges who do not sign off on their blood draw warrants must be removed. Police state apologist (and Williamson County DA) Jon Bradley weighed in with typical blood on the highway rhetoric.
A vehicle crashing into another vehicle, on the other hand, is considered a MAJOR intrusion into the life of an innocent person. If we wait for that to happen, then, amazingly, the prick of a needle is somehow “justified” to prove intoxication murder. For my money, I’d rather deal with forcing the MINOR intrusion before a drunk driver kills someone. So, tell that judge you are actually doing the defendant a favor. Then file the grievance.
An Austin DPS Trooper is furious that a magistrate refused to sign his blood draw warrant. His post provides a great insight into how cops view DWI arrests, magistrates, and your 5th Amendment rights.
Here is Michael.Scheffler@txdps.state.tx.us, in his own words.
Here’s the scenario….
I’m never surprised when MADD lies to further their agenda. However, this is a new low, even for them.
Here is the story-
Jason Squires is a DWI attorney in Arizona. Mr. Squires gets a not guilty verdict on an “extreme” DWI case. Officer Bond Gonzalez was a witness at the trial.
Dallas Criminal Defense Lawyer Blog