The Texas Court of Criminal Appeals ruled November 26 that taking without permission or warrant the blood of a person suspected of intoxication is unconstitutional and violates that person’s right to the Fourth Amendment, which protects people from unwarranted searches and seizures, the Austin-American Statesman reported.
The decision came after the state appealed an earlier decision by a Texas trial court that ordered the suppression of a blood sample obtained from David Villareal when he was charged with a DWI and taken into police custody in Nueces County in 2013. Villareal was stopped for a traffic violation, but the police officer who asked him to pull over suspected he was intoxicated, performed sobriety tests on him, and drew his blood without Villareal’s consent.
A criminal conviction can pose long-lasting affects on your personal and professional life. If you have been charged with a criminal offense in Austin, seek the legal services of criminal defense attorney Ian Inglis Attorney at Law by calling his offices today at (512) 472-1950.