David B. Frank: The Austin Lawyer Who Beat the Mandatory Blood Draw Statute

TO OUR READERS: This profile is independent editorial content produced by Awesome Attorneys. David B. Frank, Attorney & Counselor at Law did not pay for, commission, sponsor, or review this article, and inclusion in this series cannot be purchased. Nothing here is legal advice, an endorsement, or a recommendation to hire any lawyer; readers should evaluate counsel independently and may verify any Texas attorney’s license and discipline history through the State Bar of Texas at texasbar.com. Facts are drawn from the sources identified in the Methodology section and were verified as of August 2026.

AT A GLANCE

I. The Lawyer Who Beat the Mandatory Blood Draw Statute

David Frank’s most concrete, checkable credential isn’t an award badge, it’s a piece of Texas appellate law he helped shape. In April 2014, he successfully challenged the Texas Mandatory DWI Blood Draw Statute in two test cases; the Court of Appeals reversed the trial courts and found that mandatory blood draws without a warrant ran afoul of the Fourth Amendment. Later that year, he helped lead a statewide effort against a State Office of Administrative Hearings rule change that would have made it significantly harder to subpoena witnesses for driver’s license suspension hearings. Both are documented, structural changes to how DWI cases are defended across Texas, not just outcomes in his own individual cases.

II. Institutional Leadership in Austin’s Defense Bar

Frank has served as Past President of the Austin Criminal Defense Lawyers Association and sits on the Board of Directors of the Texas Criminal Defense Lawyers Association, where he also edits the organization’s publication, “The Advocate.” That combination, local leadership plus a statewide editorial role, reflects sustained institutional standing within the Texas defense bar specifically, beyond his individual caseload.

III. Practice Areas

• DWI/DUI defense (misdemeanor and felony)
• Felony criminal defense
• Misdemeanor criminal defense
• Driver’s license (ALR) suspension hearings

IV. Case Outcomes

Frank’s most significant documented outcome is not a dollar figure but an appellate ruling: the successful Fourth Amendment challenge to Texas’s mandatory blood draw statute, which changed how evidence is obtained in DWI cases statewide. Beyond that structural win, this profile did not locate an itemized list of individual case dismissals or sentencing outcomes on the firm’s own site; that gap is disclosed here rather than filled in.

V. The Client Voice

Client reviews describe both outcomes and personal treatment. One reviewer, describing himself as a 38-year-old Black man with a prior record, wrote that Frank got two additional felony charges dismissed and called him “the best lawyer” he had encountered, specifically noting the recommendation “for people of color.” Another client wrote that Frank helped them keep both a commercial driver’s license (CDL) and their job, adding “he responds quickly, keeps you up to date.” A third client highlighted the firm’s reputation citywide: “I believe that makes all the difference” in trusting an attorney respected by the broader legal community. No pattern of negative or unresolved reviews was located for this firm as of this research date.

VI. Community and Local Presence

Frank’s institutional roles, Past President of the Austin Criminal Defense Lawyers Association and Board of Directors member and publication editor for the statewide TCDLA, represent a sustained, documented investment in Austin’s and Texas’s defense bar specifically, distinct from general civic activity.

VII. Credentials and Recognition

David Frank is Board Certified in Criminal Law by the Texas Board of Legal Specialization (2003), a genuine peer- and exam-based credential. He holds a Martindale-Hubbell Distinguished rating and Avvo’s Top Contributor and Client’s Choice recognitions, third-party credentials distinguished here from self-conferred marketing claims.

VIII. The Texas Legal Backdrop

In Texas, a first-offense DWI is generally a Class B misdemeanor, escalating with aggravating factors under Texas Penal Code Chapter 49. Following a DWI arrest, drivers generally have a limited window to request an Administrative License Revocation (ALR) hearing to contest an automatic license suspension, the specific proceeding Frank’s 2014 advocacy directly affected. Warrantless blood draws in DWI cases, the subject of Frank’s successful 2014 appellate challenge, remain governed by Fourth Amendment protections as clarified by that case and subsequent Texas case law. None of this is legal advice; consult a licensed Texas attorney about your specific situation.

IX. The Awesome Attorneys Assessment

Frank’s structural strength is genuinely rare: a documented appellate win that changed DWI evidence-gathering procedure statewide, combined with sustained institutional leadership in both the Austin and Texas defense bars. For a client facing a DWI case involving a contested blood draw specifically, or any client who wants an attorney whose influence extends beyond his own individual docket, that combination is a real, checkable differentiator from most solo criminal defense practices.

The honest limitation is one common to any long-tenured solo practitioner: a client should ask directly about current caseload and availability, since institutional leadership roles at the local and state level, however genuine, also draw on an attorney’s time and attention.

X. Methodology & Sources

This profile was researched and written independently by Awesome Attorneys in August 2026 without the participation, sponsorship, or payment of David B. Frank, Attorney & Counselor at Law. Primary source: the firm’s website davidfranklaw.com (home, about, contact). Verification sources: Martindale-Hubbell attorney profile (office address, certification, peer ratings); Avvo’s attorney profile (career history, client reviews); third-party review aggregation (client testimonials). Statutes cited in Section VIII were verified against the Texas Constitution and Statutes database (statutes.capitol.texas.gov).

Publisher Disclosure & Independence Notice

Awesome Attorneys is an independent legal-directory publisher. This profile was not paid for by David B. Frank, and inclusion in our editorial coverage cannot be purchased. Awesome Attorneys may separately offer premium sponsored placements to attorneys and firms; sponsorship status, where it exists, is always disclosed and does not alter the editorial content of a profile such as this one. Nothing in this article constitutes legal advice or an attorney referral.