New Texas DWI law weak on offenders compared to Arizona

Get ready for a tougher time if you are arrested for a Texas DWI. On September 1, 2009 it will be a whole new ball game for people arrested in Texas for certain impaired driving charges.

The new law greatly expands the number of people who can potentially sign search warrants to obtain blood draws. It also gives police officers a stronger and more persuasive voice in demanding that DWI suspects submit to a blood or breath test.

In cases where a persons suspected of DWI has caused an accident the new law says that the person shall be required to submit to a blood or breath sample.

Each year in Texas too many people lose their lives to drunk drivers. Authorities hope that this new law will give prosecutors and police officers an edge.

"We have had search warrants in Arizona DUI cases for years," said prominent Arizona DUI Lawyer Stewart Bergman. "Arizona's law goes one step beyond the new Texas DWI law and allows officers to get a search warrant even when there is no accident. The net effect is that it is extremely rare to see a case here in Arizona where there isn't a blood test, a breath test, or both."

Since blood is the only chemical test that can really be forced, Bergman expects that as more states enact laws like Arizona's, DWI defense attorneys across the nation will get better at defending blood draw cases. "Arizona is ahead of the curve nationally," he explained, "as Arizona DUI defense lawyers haven't had the luxury of straight refusal cases in a very long time." A straight refusal case is where the DUI suspect won't submit to a chemical test and the police officers lack the power, through a search warrant, to secure the evidence.

While states like Arizona may look at the new Texas DWI law and conclude it has no real teeth, the law does greatly expand the authority of officers in certain circumstances. "I expect that each year they will tighten it a little more," said Bergman. "Once prosecutors get a sense of how powerful DWI search warrants are, they will lobby to expand them to other types of DWI cases."

Only time will tell, but history in states like Arizona supports Mr. Bergman's prediction. For now, starting on September 1, 2009, Texas police officers' jobs will be a little easier in the worst type of DWI cases.


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