Even a DUI Arrest Can Impact Individuals’ Lives: Fighting Civil Rights Violations in DUI Policing

BRYAN, Texas. Many states conduct sobriety checkpoints. Law enforcement may block roads in order to stop and check drivers for signs that they may be intoxicated. In Texas, according to the Governors Highway Safety Association, sobriety checkpoints are not conducted.

However, if officers have probable cause to suspect that a driver has been drinking and driving, police can pull a person over. Even an arrest on the suspicion of drunk driving can have an immense impact on a person’s life. People can lose their jobs, face sanctions from their university or school, or face stigma based on their arrest. Individuals may face these challenges even if they are later found innocent of their drunk driving charges.

Breathalyzers sometimes produce flawed results, which can lead to greater difficulties for individuals facing charges. If you are facing DUI charges in Bryan, Texas, it may be wise to speak to the Bryan TX DWI lawyers at the Wagnon Law Group, P.L.L.C. Our firm can review the details of your case, evaluate how the evidence was gathered, and determine whether evidence may be flawed or tainted.

There have also been more reported cases of individuals fighting their DUI convictions on the grounds of civil rights violations. The Supreme Court has ruled that officers cannot collect blood samples from individuals without their consent, unless the officers have a warrant. According to the Statesman, a woman was recently acquitted after she fought her DUI charges with a civil rights lawsuit. In an attempt to prove that the woman had been driving while intoxicated, officers took her in to a booking station where she was physically restrained and subjected to a forced blood draw.

Blood collection must follow proper police protocol including proper chain of custody records. Officers must get a proper warrant as well. Finally, officers must show that they had proper probable cause to pull you over in the first place.

If you are facing DUI charges, it is important to understand your rights. Officers must follow proper procedures when arresting you. You have the right to remain silent and to ask to speak to your DUI defense attorney. You do not have to submit to field sobriety tests. However, if you are arrested for a DUI, you may be required to submit to a breath or blood test under Texas’s implied consent laws. You do have the right to have a private test performed by a doctor or medical professional if you wish. Additionally, based on a new Supreme Court ruling, officers who wish to perform a blood draw may need a warrant to do so.

If you are facing DUI charges, protect your rights. Visit the Wagnon Law Group, P.L.L.C. at www.wagnonlaw.com to learn more about how we can help defend you. Our firm can use a variety of defense strategies to protect you if you are facing charges. A DUI conviction can result in serious consequences, including loss of your right to drive, loss of certain federal and state aid programs, and other collateral social consequences. Protect yourself. Contact a DWI lawyer in Bryan, Texas today.


By | 10:24 am | Categories: Legal News | 0 Comments

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