I had the pleasure to join the lovely and talented Loretta Powers on her KLIF 570 am radio program “Powers of Attorney” on Saturday, June 11th. Our topic was improving our legal system. We discussed current events, summer reading, the mysteries of the grand jury process, the Law of Parties, sentencing guidelines and inequities, the erosion of our 4th Amendment rights, and mental health issues in our jail system.
I will back with Loretta on Saturday, July 9th to discuss more news and law. The show, Powers of Attorney, airs at 9 pm every Saturday on KLIF 570 am. Below is the link to the June 11th program. Give it a listen:
Of course we got to talk some Texas DWI law as well. We discussed the Houston man who received a life sentence after his 9th DWI. Read the whole story in an article by Jenn Gidman for Newser, at:
We also discussed the Birchfield v. North Dakota. That is the Supreme Court case addressing 4th Amendment violations in imposing criminal penalties for refusing to give blood or breath samples. States including North Dakota, Minnesota and 10 others have passed such laws to avoid obtaining a warrant before drawing blood or giving a breathalyzer test. These types of criminal penalties for refusals seem like an end around to the 4th Amendment protection against unreasonable searches and seizures. If the police have probable cause they can get a warrant. You have the right to withhold consent to being searched.
Remember, the 4th Amendment gives us our ‘right to privacy’ and protects us from unreasonable searches and seizures. It grants “[t]he right of the people to be secure in their persons, houses, papers and effects….” You do have the right to refuse to give breath and blood samples, if there is probable cause for the police to search your person via a breathalyzer or blood sample they can get a warrant.
See my blog on this at:
If you have been arrested and charged with a DWI or other intoxication crime hire an attorney to help you navigate the system and protect your rights.