I recieved a DWI in 2010. I was at my house in my shop when a state trooper pulled up about 15 min. after my vehicle was there. He stated that he recieved a call of a suspicous driver. He asked me who was driving. I stated that the vehicle was owned my me but I wasnt driving. He asked if I have been drinking and I said yes. He asked me to do a sobreity test and I refused. He took me to jail and he called the J.P. for a search warrant for my blood. The blood was allowed into my trail and I was found guilty. I entered a motion to suppress the blood due to lack of evidence and the search warrant was signed by a J.P. who wasnt a licensed attorney.
1 Answer from Attorneys
What is your question? The JP has authority to sign the warrant. The real question is whether there was sufficient proof that you were driving, that you had not consumed alcohol during the time from when the car was seen and the officer came to get you, the effect of the delay of the blood test, among other questions.
Since you already had a trial, now you must appeal if you choose to further fight.
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Can a judge who isn't a licensed attorney issue a search warrant for blood. Asked 1/20/13, 9:17 am in United States Texas Drunk Driving & DUI Law
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