A 49-year-old Texas man is facing five years after being sentenced in connection with a traffic stop last October. The man was stopped in League City by officers at an intersection on the evening of October 23, 2013 due to several issues. He allegedly failed to signal correctly, made an unsafe change of lanes and was speeding. He was also reportedly following another vehicle too closely. The man’s breath reportedly smelled of alcohol at the time, resulting in field sobriety testing. Testing results and indications of the man’s recent drinking resulted in his detention on drunk driving allegations.
Chemical testing of the man’s blood was conducted after the officer obtained a search warrant for a blood sample. The area’s testing facility placed the man’s blood alcohol content at two times the legal limit, according to reports. A jury heard this evidence and found the man guilty. Prosecutors provided the judge with information about the defendant’s earlier three convictions on DWI counts after the verdict was reached and as a result, the man was convicted of DWI 3rd or more.
In this case, the defendant was represented by two lawyers during the court proceedings. Although this case resulted in a sentence, it is important to realize that being charged does not automatically imply a conviction. Compelling chemical evidence may make it difficult to reduce charges, especially in a case where a defendant’s BAC is much higher than the legal limit. However, a lawyer may evaluate the entire incident from the initial stop to the point at which an individual is charged, detained and tested to ensure that civil rights have not been violated and that unreliable testing methods have not been used.
In some cases, a warrant is obtained prior to the blood draw. A lawyer representing a DWI client may verify that such a warrant has been properly obtained and executed, endeavoring to dismiss charges if there has been a compromise in this procedure.
Source: The Citizen, “Man gets five years for felony DWI conviction“, August 06, 2014