Attorney educates students on alcohol-related issues
By: Marie Leonard
Issue date: 2/26/09 Section: News
County Attorney John Fleming spoke to SFA students Tuesday night about changes in the law regarding alcohol related offenses.
Assistant District Attorney Paige Pattillo and Keith Hawkins of UPD were also present to answer questions and describe the process of prosecuting misdemeanors, including marijuana use, and family violence in Nacogdoches County.
Fleming began the presentation by explaining what the County Attorney's office is here to do. "We are here to prosecute misdemeanors in the county, including DWI and DUI offenses," Fleming said. "However, there is not an excuse to get a DWI anymore if you are an SFA student because of Driving Jacks." With the assistance of the police department, department of public safety and sheriff's department, the County Attorney's office is working to make changes in the areas of alcohol related offenses.
No Refusal Weekends are used in larger counties such as Tarrant and Harris, and the law is about to be put into effect in Nacogdoches. "On certain weekends, upon refusal to take a breath specimen test, an officer can require a blood sample from intoxicated persons," Fleming said. The most common times No Refusal Weekends are often put into effect are during holidays such as July 4, Memorial Day and Labor Day. Blood search warrants have been used for years but not in the Nacogdoches area due to lack of resources in the past. Now, if a defendant refuses to take a breath specimen test, blood may be taken if in a sterile environment.
"With a blood test we get the opportunity to see if the person has alcohol as well as any kind of drug in their system," Pattillo said.
She also stressed the difference between a DUI and a DWI. "If you are underage and driving after you have been drinking, it would be considered a DUI, and the highest possible fine is $500," Pattillo said. "If you are 21 or over, as long as you aren't intoxicated, it's OK to drive after drinking. You must be intoxicated to receive a DWI."
Assistant District Attorney Paige Pattillo and Keith Hawkins of UPD were also present to answer questions and describe the process of prosecuting misdemeanors, including marijuana use, and family violence in Nacogdoches County.
Fleming began the presentation by explaining what the County Attorney's office is here to do. "We are here to prosecute misdemeanors in the county, including DWI and DUI offenses," Fleming said. "However, there is not an excuse to get a DWI anymore if you are an SFA student because of Driving Jacks." With the assistance of the police department, department of public safety and sheriff's department, the County Attorney's office is working to make changes in the areas of alcohol related offenses.
No Refusal Weekends are used in larger counties such as Tarrant and Harris, and the law is about to be put into effect in Nacogdoches. "On certain weekends, upon refusal to take a breath specimen test, an officer can require a blood sample from intoxicated persons," Fleming said. The most common times No Refusal Weekends are often put into effect are during holidays such as July 4, Memorial Day and Labor Day. Blood search warrants have been used for years but not in the Nacogdoches area due to lack of resources in the past. Now, if a defendant refuses to take a breath specimen test, blood may be taken if in a sterile environment.
"With a blood test we get the opportunity to see if the person has alcohol as well as any kind of drug in their system," Pattillo said.
She also stressed the difference between a DUI and a DWI. "If you are underage and driving after you have been drinking, it would be considered a DUI, and the highest possible fine is $500," Pattillo said. "If you are 21 or over, as long as you aren't intoxicated, it's OK to drive after drinking. You must be intoxicated to receive a DWI."
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