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Countywide Drunken-Driving Plan Panned By Attorney

POSTED: Thursday, May 22, 2008
UPDATED: 10:22 pm CDT May 22, 2008

Suspected drunken drivers will have new worries beginning Friday afternoon.

For 86 hours, anybody suspected of drunken driving who refuses a Breathalyzer will be served with a warrant seeking a blood sample. The no-refusal weekend is part of Bexar County District Attorney Susan Reed's plan to reduce drunken driving.

Currently, Texas law allows for mandatory blood testing only if a person is killed in a suspected drunken-driving accident, but one local attorney who specializes in defending people suspected of drunken driving is chomping at the bit to challenge the new county program that he calls a civil rights violation.

"We can't wait to sink our teeth in these new cases," Jamie Balagia said. "Bring them on."

Balagia, known as the "DWI Dude" in his commercials, is a former police officer and judge. He said he believes Reed's plan is unconstitutional, but he admitted there's not much people can do to stop their blood from being drawn this Memorial Day weekend.

"If they get a search warrant, they're going to hold you down and strap you on a gurney and suck the blood out of you," he said.

Balagia has long advised clients to refuse blood and breath samples as well as taking roadside sobriety tests because it provides prosecutors the circumstantial evidence needed to earn a conviction.

Of course, Balagia admits, the easiest way to avoid any conviction or testing is to not drink and drive, but added that giving law enforcement less probable cause will make it harder to obtain any warrants.

"Hand them your driver's license and your proof of insurance and don't say a word," he said. "It's unfortunate that we have to take such a hardcore stand, but when you're trying to fight to keep your constitutional rights alive while the cops, the DAs and the courts are trying to rip them from you, you've got to take extreme measures."

Balagia said you should never resist or fight with officers, but refuse to take the tests and fight the evidence in court if your blood is drawn. He expects a number of legal challenges to be filed for lack of evidence.

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