Texas Judge's Blood Test Thrown Out

State District Judge Elizabeth Berry was charged  driving while intoxicated - DWI in November 2008.  As part of the investiagation, a search warrant to obtain Judge Berry's blood was obtained by the police officer and signed by a Judge.  According to reports, Judge Berry's blood alcohol level was over the Texas legal limit of 0.08.

Through her attorney, Judge Berry contested the manner in which the police officer obtained the search warrant and contested the validity of the warrant.  Specifically, Judge Berry moved the Court to suppress the blood results because the search warrant did not contain enough evidence to support a finding of probable cause.

After more than three hours of testimony yesterday, visiting Judge Robert Dohoney decided the police did not have enough evidence to form probable cause and suppressed the results of the blood test.

Many police agencies and district attorney's offices are now forcing blood draws from citizens in DWI cases when a person refuses to give a sample of his/her breath.  They are calling these times of the year and weekends "No Refusal Weekends."

As this case clearly illustrates, just because the state takes blood from you in a DWI case or has a breath sample in a DWI case - they still must follow the law to get the results of the test into evidence.  We have been successful in getting breath tests and blood tests thrown out because of police violations.

Dane Johnson

Board Certified in Criminal Law by the Texas Board od Legal Specialization

If you or someone you know has been charged with a Texas DWI, call the Houston DWI lawyers at Johnson, Johnson & Baer, P.C. to defend your rights. 713-222-0400.