Posted on 4/20/20

As coronavirus spreads throughout the country, many states, including Texas, are issuing stay-at-home orders. Texas law enforcement is still making arrests for driving while under the influence of drugs or alcohol (DWI). Drivers may assume that law enforcement officers have more important issues to deal with during the coronavirus pandemic. However, Texas residents are still leaving their house during the stay at home orders and facing DWI charges.

What Will Happen if I am Pulled Over for a DWI?

Texas hospitals are working under emergency circumstances due to the coronavirus pandemic. Most non-essential services have been canceled. Additionally, hospitals are not allowing visitors because they are afraid of the spread of the disease. First responders, including law enforcement officers, are still attempting to prevent the spread of coronavirus. 

Some Texas law enforcement precincts are hiring phlebotomists for the purposes of DWI charges. Instead of going to the hospital to receive a blood draw, those suspected of a DWI will see a phlebotomist. By not going to the hospital, law enforcement officers and suspects will not expose themselves and others to coronavirus. 

The phlebotomists will be on call during the weekend. Law enforcement officers will go to a private location and the blood specimen will be taken. The funds to pay for the private phlebotomists will come from the District Attorney’s asset forfeiture fund. 

Texas DWI Defenses

If you have been arrested for a DWI in Texas during the coronavirus panic, it is still important to seek the help of a defense lawyer as soon as possible. The more time you have to prepare your defense, the better. At Abel Law Firm, we investigate the possible defenses for a Texas DWI and help our clients make the best defense possible.

You may have grounds to challenge your DWI charge based on the accuracy of the test results. If law enforcement hired a private phlebotomist, you may be able to challenge the testing procedures. The phlebotomist may have been inexperienced or incorrectly administered the test. If that happened, you may be able to ask that the court throw out the evidence. Similarly, if you were pulled over for a DWI, law enforcement must have had a reasonable suspicion that you were driving while under the influence of drugs or alcohol. 

To administer a blood test, law enforcement must have probable cause to believe that you were driving while under the influence. When law enforcement officers do not have grounds to pull you over or arrest you, any evidence they gathered must be thrown out. 

Have You Been Charged with a DWI? Abel Law Firm can Help

Have you been arrested for a DWI charge in Dallas? If so, you are probably wondering how to beat your DWI charge. At Abel Law Firm, we have helped many clients fight Dallas DWI charges. Contact our law firm as soon as possible to schedule your initial consultation to learn how we can help you fight your DWI charges.


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