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DUI Library: Texas
Third arrest of Austin law enforcement officer for drunk driving in Texas this summer
For the third time this summer, an Austin police officer has been charged with driving while intoxicated in Texas.
Police on patrol in northeast Austin witnessed Vernon Stevenson, an off-duty fellow officer, trying to pick up his personal motorcycle from along side the road. Stevenson, who had successfully started his motorcycle by the time the officers could turn around, was then witnessed swerving between lanes. When stopped for the traffic infraction, the officers detected alcohol his breath and blood shot eyes. After refusing to submit to a field sobriety test, Stevenson was arrested for drunk driving in Austin.
In July, an Austin police department detective was arrested for drunk driving in Bell County, about 50 miles north of Austin, and in early June an officer failed a field sobriety test and was charged with Texas DWI in Hayes County, just south of Austin.
While the Austin police department has not issued a statement, Police Chief Art Acevedo has garnered press recently for his aggressive position on enforcing drunk driving laws. Stevenson has been placed on restrictive duty pending an internal investigation.
Have you been arrested for DWI in Austin, Texas? If so, you need to hire an experienced Austin, TX DWI Lawyer.
Increased Patrols for Texas DWI in Austin AreaIncreased Patrols for Texas DWI in Austin Area
Funding facilitates extra patrols for drunk driving in Central Texas.
Cedar Park joined Hutto and Georgetown in receiving grants to fund extra Texas DWI patrols. The municipalities received federal funds under the Selective Traffic Enforcement Project, or STEP, that help underwrite overtime pay for officers who conduct patrols targeting drunk driving, seat belt violations and speeding.
Incidents of driving while intoxicated in Central Texas go up slightly during the summer months, so the extra Cedar Park patrols will be deployed between the Fourth of July holiday and Labor Day. The funds Cedar Park received will pay for 2-4 additional patrol officers each night. Hutto focuses its extra patrols on the weekends and during holidays. Georgetown applies its STEP funds over the entire year.
Neither the Williamson County Sheriff’s Office nor the Round Rock, Leander and Taylor police departments receive federal funding for Texas DWI patrols.
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Austin Police Officer Charged with Drunk Driving in Texas
Detective sought special treatment while being arrested for Texas DWI.
Detective Joe Lucas with the Austin Police Department was arrested in Bartlett, Texas for driving while intoxicated. Lucas was stopped for speeding near the town police station Thursday evening. He asked the arresting officer if being a police officer made a difference during the traffic stop, and the Bartlett officer responded, “No”.
A twelve pack of beer was in Lucas’ vehicle, along with some empty containers. Lucas failed a field sobriety test and was charged with driving under the influence. A breath test administered three hours after being booked for drunk driving in Texas revealed a blood alcohol content still near the legal level for intoxication. Lucas posted bond after spending the night in the Bell County jail.
Lucas is a 19 year veteran with the Austin Police Department, assigned to a high tech crimes unit.
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Police Get Special Vehicle to Fight Texas DWI in Austin - BAT Mobile
It's called the BAT (Breath Alcohol Testing) Mobile and it will will speed arrests for drunk driving in Austin.
The Austin Police Department has announced the addition of a mobile lab to help fight Driving While Intoxicated in Austin, Texas. The 38-foot long recreational vehicle is equipped with breath testing equipment, monitors for reviewing arrest videos, restrooms and a holding area for suspected drunk drivers.
The vehicle is named for Drew Bolin and Clinton Hunter, two officers killed while on-duty by drunk drivers.
The custom made RV costs $250,000 which was paid for by Capital Metro, a local transportation organization. It replaces a smaller van, and will allow officers to more quickly process motorists arrested for drunk driving in Austin.
Judge Throws Out Blood Evidence in Texas DWI Case
North Texas judge challenges ‘no refusal’ blood draw policy in suspected drunk driving cases.
Tarrant County Criminal Court Judge Billy Mills has suppressed the evidence from a blood test in a Texas DWI case. The defendant’s blood had been forcibly taken as part of a ‘no refusal’ blood draw policy used by the Dalworthington Gardens police department.
Typically police departments have nurses or technicians draw blood from motorists suspected of drunk driving only when there has been an accident involving injury or death. Increasingly, police departments are training officers to draw blood and making blood samples mandatory when a motorist refuses to take a breath test. In 2005, the Dalworthington Gardens police department became the first in the state to train officers in drawing blood. Since May of this year, the department has required blood samples in all suspected DWI cases. DWI defense attorneys have countered that Texas laws define who can draw blood samples in criminal cases and establish the necessary training requirements; and even the specially trained police do not meet either criteria.
The North Texas judge’s action could impact dozens of cases of driving while intoxicated in the small town surrounded by Arlington. Because the blood-draw trained officers assisted with 29 arrests for Texas DWI in Fort Worth, those cases are also being called into question. The Tarrant County district attorney plans to appeal the judge’s ruling. In the mean time, Fort Worth police are no longer using the officers from Dalworthington Gardens.
Mike Krusee's Texas DWI Charge Set for Court
Texas State Representative Mike Krusee arrested for drunk driving in Austin last April.
Texas State Representative Mike Krusee is to appear in court Wednesday, July 9th to face charges of Driving While Intoxicated in Austin, Texas. This is the first hearing for Krusee since his April 30, 2008 DWI arrest. Under Texas DWI laws, as outlined on DWI.COM, he has the option of pleading guilty or no contest if he wished to seek a plea agreement with prosecutors. If he pleads not guilty then his DWI defense
Krusee was stopped in north Austin for weaving in his black BMW. He was also driving with an expired vehicle registration. After Texas Department of Public Safety officers detected alcohol and blood shot eyes Krusee was asked to perform a field sobriety test, which he reportedly failed. He refused to submit to a breath test and was booked for drunken driving in Texas.
Krusee, a Republican who championed stronger Texas DWI laws while on the House Transportation Committee, faces 180 days in jail and a $4,000 fine. His DWI attorney indicated that Krusee will not accept a plea deal and will fight the drunk driving charges filed against him.
Related Articles:
Texas DWI Case Challenges ‘No Refusal’ Campaign
North Texas police have taken blood samples when a motorist suspected of drunk driving refuses to take a breath test.
Law enforcement agencies in North Texas have increasingly used a ‘no refusal’ policy that has police officers drawing blood samples from drivers suspected of driving while intoxicated. Now a count criminal court judge is expected to rule in a case challenging the practice.
Christi Lynn Johnston was arrested on suspicion of drunk driving in Texas after being forced to provide a blood sample. Her Texas DWI defense attorney has raised several issues about the practice of police officers drawing blood. Texas Transportation Code requires that only physicians, registered nurses, licensed practical nurses, professional technicians or chemists to draw blood for criminal prosecution. The law excludes emergency medical personnel and even phlebotomists. Due to the consequences of contamination and false readings, blood samples associated with a crime must be handled and processed in specific ways.
The officers in Ms. Johnston’s case were basic and intermediate EMTs. It has also been determined that the officer’s training course was modeled after an on-line curriculum from a phlebotomist school in Phoenix.
The DWI defense lawyer also pointed out the liabilities of the blood draw practice. Officers do not take into account motorists who are diabetic, hemophiliac or are on blood thinners.
The judge said he would make a ruling next week, allowing officers to employ the ‘no refusal’ Texas DWI policy during the Fourth of July weekend.
Protests Against Police Plan to Draw Blood in Austin DWI Arrests
Police Chief Art Acevedo wants to train officers to draw blood for Texas DWI in Austin.
Police Chief Art Acevedo announced a plan to train officers to draw blood when a motorist refuses to submit to a breath test and is suspected of drunk driving in Austin. The Texas Civil Rights Project has described the idea as “ill conceived, unnecessary and dangerous.” The Austin Police Association has said it has “issues and concerns.”
Acevedo is seeking federal funds to train as many DWI patrol officers as possible in the drawing of a blood sample. The officers would replace paramedics and nurses. Acevedo has cited reduced taxpayer cost and the advantage of time in drawing a sample quickly from a motorist suspected of driving while intoxicated in Austin.
Critics raise concerns about blood related pathogens and the presence of needles during a DWI arrest.
A spokesman for the Texas Civil Rights Project said the practice will open the city to possible lawsuits. Similar action has occurred in other states, including Arizona and Utah, where officers are used to draw blood samples.
See related article Police Chief Art Acevedo Wants to Draw Blood for Texas DWI in Austin posted on July 1, 2008.
Police Chief Art Acevedo Wants to Draw Blood for Texas DWI in Austin
Police Chief Acevedo seeking funds to train officers in drawing blood for suspected drunk driving offenders in Austin.
Austin Police Chief Art Acevedo has announced interest having police officers draw blood in cases of suspected driving while intoxicated in Texas. Under the program Austin DWI patrol officers would be trained to draw blood when a motorist refuses to submit to a breath test.
While it is the right of a motorist to request legal counsel and not submit to a breath test, and equipment has been shown to provide false positive readings in up to 25% of the tests, Acevedo announced, “My intention in the future is to make it so there is no such thing as a refusal.”
Search warrants will be aggressively used when a motorist declines to be tested. The key feature in Acevedo’s plan is the replacement of nurses or paramedics with police officers in the drawing of a blood sample. He claims that will be a savings to tax payers because the officer will already be in court to give testimony in the drunk driving case.
Acevedo plans to seek federal funds to train as many officers as possible. He hopes to start the program by the end of the year.
If you have been arrested for DWI in Austin, Texas and refused a breath test, you will need to hire an Austin DWI Attorney for legal representation for your DWI in Austin.
Texas DWI Against Judge Dismissed
Case of drunk driving in Texas thrown out for lack of evidence.
A special prosecutor has dismissed charges of driving while intoxicated in Texas against a state district judge. While refusing to elaborate, the reason given was insufficient evidence.
Longtime judge Raymond Angelini was charged with drunk driving in San Antonio after police officers stopped him for weaving in traffic. Angelini, 57, reportedly had bloodshot eyes and slurred speech. He needed to use the car door to remain standing and he failed a field sobriety test. While admitting to having ‘maybe three drinks’, he refused to submit to a breath test.
Angelini’s Texas DWI defense attorney said that a video taken an hour after the arrest showed that his client was “clearly not intoxicated.” The defense also brought into question the credibility of one of the arresting officers.
A special prosecutor was assigned to the case after the District Attorney filed a motion to recuse the office because of professional connections with Angelini. A separate administrative law judge ruled that Angelini could continue to hear criminal cases, just not those involving the officers who arrested him.
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