Houston DWI Law Blog : Houston DWI Lawyer & Attorney : Johnson Johnson & Baer Law Firm : Texas DUI Defense & Criminal Law

Let's just say the headline struck me as quite ironic.  It seems every other day MADD seems to be cramming some new piece of propaganda or legislation down our throats. 

Let me further say that this woman should be afforded the presumption of innocence and all other constitutional protections just like every other DWI and criminal defendant. 

Unfortunately and ironically, it seems that MADD has and continues to tear away at the presumption of innocence in DWI cases.  Even before a person is convicted of DWI, MADD has pushed legislators to require DWI suspects to install Ignition Interlocks in their vehicles - so much for the presumption of innocence in these cases.

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The Houston Police Department has once again announced another Houston DWI Initiative aimed at reducing the number of DWI accidents and DWI fatalities in the Harris County area.  HPD was joined in this announcement by the Harris County District Attorney's Office, Mothers Against Drunk Driving (M.A.D.D.) and Crime Stoppers.

The stated goal is "to reduce drunk driving accidents and associated fatalities by using a combination of public education and heightened enforcement of drinking and driving offenses."

They are once again touting the HPD Breath Alcohol Testing (BAT) vans.  These are the mobile DWI investigation vans that HPD and other police agencies use to investigate Houston DWI cases.  They drive the vans to various locations around the city to perform breath tests, blood tests and obtain warrants for blood when a citizen refuses to give blood.

By the looks of the crowd, it doesn't seem like many people were too interested in attending the event.

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Assuming that you were driving on a valid Texas Driver's License at the time that you were arrested for DWI, there should be no restriction on your driving privileges immediately after you are arrested for the DWI.  You can legally get in your car and drive as if you were not arrested for DWI.

If you do nothing at all, you will automatically have your Texas driver's license suspended after 40 days.  However, if you request a hearing to contest the automatic suspension of your driver's license within the first 15 days after your DWI arrest, Texas DPS can not suspend your Texas driver's license unless and until you have a hearing on your Texas driver's license.  This hearing on your Driver's License is called an Administrative License Revocation (ALR) hearing.

DPS does on occasion lose or misplace the request for your ALR hearing and DPS has taken the position that it is your responsibility as the person arrested for DWI to "prove" that you made a proper request for an ALR hearing.  Therefore, it is imperative that you hire a competent Houston DWI lawyer to represent you on your DWI and ALR cases.

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The Harris County DWI DIVERT Program has turned into exactly what I expected at the inception of the program.  Despite the promises by Roger Bridgwater when the program was first created, the standard line that we are now hearing from prosecutors is, "If we evaluate the case for trial, the DWI Divert Program is no longer on the table as an option in this case."

A little background might help explain.  Roger Bridgwater, the Assistant Harris County District Attorney who came up with the DWI DIVERT Program, told members of the defense bar last year that the prosecutors in the courts would evaluate each Harris County DWI case on the merits.  He went on to say that the evaluation of the DWI case would not disqualify anyone from participating in the DWI DIVERT Program.

Because we are hearing it more and more often, I have to assume the DA's office has a new policy that they have yet to share with the defense bar and has gone back on its original promise.

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Harris County Court Judge Bill Harmon questions the legality of the Harris County DWI DIVERT Program.  Does that sound familiar?  Seems like he is not the only one questioning it.

Judge Harmon tells 11 News of the controversial DWI DIVERT Program, "It's illegal."  He goes on to say of the Program, "All 14 of my colleagues are doing it. And certainly I could have gone along with this illegal program, and if I had, you wouldn't be sitting down here today." 

He is not alone in his thinking.  The legislature has made DWI one of the only crimes in Texas that is not eligible for deferred adjudication probation - that's right, one of the only crimes.  Murder, Aggravated Robbery, Burglary - all eligible for deferred adjudication probation, but not DWI.  The legislature took deferred adjudication away as possible outcome on a DWI back in the early 1980's.  Maybe its time the legislature revisited the idea of allowing deferred adjudication for those charged with DWI.

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According to Herman Martinez' blog, Harris County DWI "No Refusal" weekends are going to be every weekend for the next 3 years.  This should come as no surprise to any of us DWI attorneys that regularly defend those that are charged with DWI.  Apparently, the federal government has given Harris County a federal grant that funds the DWI "No Refusal" weekends.

I wonder how this will effect the crime lab that is now responsible for testing the blood that is drawn on DWI suspects?  I just received the blood results of a client that had his blood involuntarily back on July 4, 2010 - it took over 2 months to get the blood results.  Will the backlog at the Houston Police crime lab grow even larger than it already is?  Will the federal grant pay to employ more employees at the Houston crime lab to test these additional blood samples?  As always, has the government really thought through the logistics of these "No Refusal" weekends or have they hastily approved a plan that is destined to create a further backlog at the Houston Crime lab?

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Another holiday weekend brings out the cops and their "No Refusal" policies.  The Houston Police Department has announced that they will once again start sticking needles in the arms of citizens for misdemeanor DWI offenses.

So what does it take for you to be strapped down against your will and have a needle stuck in your arm?  As it turns out, not a lot.  The police pull you over, smell alcohol and claim you are intoxicated.  They fill out a few forms, ask a Judge to sign a warrant (according to those that have checked, no warrant has been refused) and you are strapped into a chair with a needle stuck into your vein.

So how do you avoid the needle stick?  Don't drive while intoxicated.

By the way, you will not be in a hospital for this invasion procedure.  Instead, you will be in the "bat van" - a van they drive around the city and park.  All the other DWI suspects that refuse a breath test will be brought to the same site.  In our experience, the "bat van" has its own issues with cleanliness.

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The simple answer is, they can try.  Jurisdiction in Harris County criminal cases is not normally an issue, however, there is more to that story.

A few months ago, LaPorte Police Officers arrested a Harris County citizen for Boating While Intoxicated.  Client was boating in the waters of Galveston Bay adjacent to LaPorte, Texas.  It should be noted that LaPorte is wholly within Harris County.  LaPorte police officers flagged the defendant down and ordered him to shore, ultimately arresting him for Boating While Intoxicated.  They called the Harris County District Attorney's office and they accepted the BWI charge.

During the course of our representation, Client informed us that the portion of Galveston Bay adjacent to LaPorte where the "boating" took place is actually a part of Chambers County, not Harris County.  After bringing this to the prosecutor's attention. he contacted a "higher up" at LaPorte PD to verify - sure enough, client was in Chambers County at the time of the "boating."

Apparently the LaPorte PD and Chambers County officers have an "Agreement" that it is OK for LaPorte to enforce the law in the waters of Chambers County.  Unfortunately for the LaPorte PD, they did not consult Harris County defense attorneys prior to entering this "Agreement" to see if we were OK with it.

Harris County does not have jurisdiction to hear cases that occur in other counties.  However, it is up to the accused to bring this to the attention of the court.

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Do professional athletes get preferential treatment in the Harris County DWI DIVERT Program?  Don't get me wrong, I'm very happy for this individual and don't blame him.  I would only hope the preferential treatment would extend to all of the rest of those in the Harris County DWI DIVERT Program.  I would like to see the same courtesy to all, not just the professional athletes.

The Harris County District Attorney's Office officially started the DWI DIVERT Program in August of 2009.  According to the District Attorney's office, the minimum contract period for anyone in the DWI DIVERT Program is one year.  Therefore, it seems that none of the people in the DWI DIVERT Program could possibly have been finished with the program and had his case dismissed, right?  WRONG!!!

Let's take a look at the chronology of a local professional athlete's case. 

• March 2008 - Professional athlete arrested for DWI in Houston.
• August 2009 - DWI DIVERT Program started by Harris County District Attorney's office.
• September 22, 2009 - Professional athlete placed into the DWI DIVERT Program.
• April 1, 2010 - Professional athlete's DWI case dismissed by District Attorney - Just over 6 months into program.
• September 20, 2010 - Day the case was originally scheduled to be dismissed.

Because we are less than a year into the program, I suspect this case is the only DWI DIVERT dismissal that has taken place so far.  So I ask you again, is there preferential treatment for this professional athlete by the Harris County District Attorney's Office?

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