Texas DWI Breath or Blood Test? – Just say NO, from Sherman to Laredo! Sherman & Plano, TX Criminal Defense Lawyer
In Texas, should you refuse any breath or blood test requested by an officer if investigated for DWI? Yes. Of course. Every time. They are not asking for your breath or blood so they can “see if you are innocent.” They believe you are guilty and want more evidence to show to a judge or jury to prove you are guilty. The screwups in the machine and the blood draw work in their favor, not yours. Plus, if they take your blood, they will not even have the results for three, four, maybe more months down the road. You aren’t going home, and they will almost certainly not let you go home no matter the result of the test.
You have the fundamental right not be compelled to incriminate yourself. In Texas, you have both the right to remain silent and the right to refuse to consent to all breath and blood testing. There is no separate crime, as in many states, for refusing a breath or blood alcohol test upon an officer’s request. The officer will tell you that he will get a warrant. “Go get one, buddy.” First, he has to find a judge who is awake. Then he must prove probable cause by sworn affidavit. Then he must conduct the search in a reasonable manner. Make them jump through all these hoops. Never be intimidated by the threat of “getting a warrant.” If the officer gets a warrant, or a blood draw statute applies (repeat offender, child in car), he can force a blood draw. But make him get a warrant when that’s all he can do. What do you have to lose?