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724.012(b)(3): At the time of the arrest, the officer possesses or receives reliable information from a credible source that the person: (A) has been previously convicted of . . . Does the language "at the time of the arrest" mean that for a mandatory draw, the officer needed to know about the previous conviction(s) before they handcuffed the suspect or is it enough that they know before they compelled the sample? I could argue it either way, but absent a definitive answer, I am asking our officers to have dispatch run a history anytime they start SFST. Any thoughts on the issue? | ||
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Member |
The information can be developed at any time around the arrest but before the mandatory blood draw. Legislators understood that the collection of such information was a fluid event, beginning upon the officer's suspicion that a DWI was afoot and concluding with the mandatory blood draw. Testimony before the committees fleshed out this process. Don't over-think this thing. | |||
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Member |
Post arrest determinations by other officers have been allowed under the previous law. Although the issue was source and not timing I agree with John that this is a non-issue. See Mitchell v. State 821 SW2d 420 | |||
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