DJ Monroe's DWI Case Dropped

[shamu85]

I am hoping this is because the evidence was flimsy, not because he was a UT athlete.

AAS Monroe Article (http://www.statesman.com/blogs/content/shared-gen/blogs/austin/longhorns/entries/2009/12/18/monroes_dwi_cas.html)

[Old Tiger]

I think it got dropped due to lack of evidence. He didn't submit himself to get blood drawn or a breathalyzer and apparently he passed the field sobriety test.

[big daddy russ]

Originally posted by Old Tiger
I think it got dropped due to lack of evidence. He didn't submit himself to get blood drawn or a breathalyzer and apparently he passed the field sobriety test.
If you read up on breathalyzers, they're one of the worst pieces of evidence to have on you in a DWI. Not only does the court see them as nearly-irrefutable, they're highly inaccurate. I've read plenty of independent studies on the device, and Kansas won't even allow them as evidence in their courtrooms (or at least they wouldn't as of a few years back).

In one study, a man drank a six-pack of beer over a two-hour period and then submitted both a blood test and blew into breathalyzer that was currently in use by the local police force (if I remember correctly, this took place somewhere in MA... been a while since I did the report). The breathalyzer read .11 BAC on two separate tests. The blood test came back .07.

There are tons of reports that you can find on the lack of accuracy and infrequent calibration on breathalyzers.

Other problems that you run into is that even if you blow and pass the breathalyzer (or blood test, which is ALWAYS the better way to go), the state can still give you a DUI if it wants. A DUI is at the officer's discretion and BAC doesn't factor into it. Which is the reason that ALL attorneys, professors, or anyone who has knowledge of the laws will tell you to ALWAYS refuse blood and breath tests.

A DUI isn't as "serious" as a DWI in the letter of the law, but the penalties and the effects it will have on the convicted are nearly identical.

[Farmersfan]

I understood the law to say a refusal of either test is a automatic guilty plea!!!! Did I hear wrong?

[1st&10]

Originally posted by Farmersfan
I understood the law to say a refusal of either test is a automatic guilty plea!!!! Did I hear wrong? No it is not an auto guilty plea. You will lose you license for 180 days unless it was a bad stop to begin with.

[big daddy russ]

Originally posted by Farmersfan
I understood the law to say a refusal of either test is a automatic guilty plea!!!! Did I hear wrong?
Kind of wrong, but you're on the right track.

Like 1st & 10 said, they'll take your license if you refuse to submit your BAC. They have to have a warrant from a judge to take your BAC.

There are some areas in Texas, however, that are getting judges to stay up through the night during the busy nights out. They can issue a warrant right then and there and the police will take you down to the hospital for a blood test. Huntsville pioneered this, which was perfect for my report considering that I was at SHSU when this was happening.

Either way, it's not a good idea not to make a habit of getting pulled over.

Great write-up on it here (http://bennettandbennett.com/blog/2008/06/to-blow-or-not-to-blow-a-little-texas-dwi-law.html). They talk about the fact that nothing good can come from blowing, even if you haven't had anything to drink.



Even better, if you’re pulled over in Texas and the cop asks you to to the field sobriety tests, politely decline. It’s a rigged game.

[Emerson1]

Originally posted by shamu85
not because he was a UT athlete.


Plenty of players have been convicted that played for UT.