3rd time DWI charge

[jmnixon333]

What is the name of your state? TEXAS

I am being charged on a 3rd time DWI charge. My two priors were both over 20 years ago. I was in an accident involving no one else and taken to the hospital. I was never asked to take the breathalizer. I refused blood test at the hosptial and blood test have now been submitted as evidence by the DA. In the state of Texas, the officer can only override your refusal of a blood test if a) a death occured during an accident or b) they believe a death will result from the accident. This was not the case. I have the signed refusal statement. I was arrested walking out of the hospital on a DWI charge where the officer was out of his jurisdiction. Anyone have any similar incidents happen to them? How did your case end up?

[racer72]

I refused blood test at the hosptial and blood test have now been submitted as evidence by the DA.

Blood can be taken for the purpose of determining if you were driving drunk, no permission needed.

I have the signed refusal statement.

That's nice.

I was arrested walking out of the hospital on a DWI charge where the officer was out of his jurisdiction.

Irrelevent. Was the officer from where the accident happened? Is the officer certified by the state of Texas to perform law enforcement within the state of Texas?

It seems to me that there are many mistakes here and I need advise on how I can get this dismissed.

You need an attorney.

[outonbail]

Originally Posted by racer72

You need an attorney.

You also need to stop driving when you are drinking. Do this and I'm sure you will not need a drunk driving attorney in the future.