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.12 DWI Search Warrant Blood Test Case Dismissed .12 DWI Search Warrant Blood Test Case Dismissed

Houston, Texas - A Houston DWI was dismissed after the arresting DPS Trooper refused to show up for court for the second consecutive setting.

DPS Trooper pulled client over for speeding and smelled alcohol.  Trooper then asked client to exit his vehicle and perform some police exercises.  After these tests, the DPS trooper arrested client for driving while intoxicated - DWI.  Client then refused to take a breath test.  Trooper obtained a search warrant to draw blood and forcibly took client's blood.  The results of the blood test showed an alcohol level of .12 - over 1 1/2 the legal limit.

We filed a motion to suppress the blood results based on the trooper's inaccuaracies in the search warrant affidavit.  Fortunately, the Trooper's video camera told a very different story than the Trooper's offense report and search warrant affidavit.

After the case was set for a motion to suppress the blood test evidence, the trooper did not show up to court on two consecutive settings and the government was forced to dismiss the case.

Alan Baer is a Houston DWI Attorney that represents citizens in and around Houston, Harris County, Texas.  If you need to speak to a Houston DWI Lawyer, call Alan Baer at 713-222-0400.


Tuesday, September 29, 2009 Filed underCategories:in  DWI/DUI  |  Houston, Texas DWI  |  Permalink  |  Comments (0)