I Refused to Give a Blood Sample, But the Police Took One Anyway—Is That Legal?

drunkdrivingdwiIf you are pulled over for a DWI in Texas, you may have an idea of how things should happen once you are asked to step out of the car. You should keep your answers minimal and refuse the field sobriety test, the breathalyzer test and the blood test. But, what happens if you can’t refuse?

In Texas, there is an “implied consent” law. This means that according to Texas law, if you are arrested under the suspicion of driving while intoxicated, you automatically consent to a chemical test for your breath or blood simply because you are driving.

What Does the Implied Consent Law Mean for Me?

In good ‘ol days, if you refused to consent to a breath or blood alcohol test, there is little police could have done about it. Implied consent laws now allow police to take your blood without your permission. This is possible because they essentially obtain a rush-order warrant through a judge.

These warrants are quickly obtained in order to most accurately reflect your blood alcohol content level (BAC). Most police officers would prefer to skip the breathalyzer test and go right to the blood tests to determine if there are other drugs in your system and tack on as many charges as possible. These are particularly common during no-refusal weekends during holidays or major events.

You Will Want an Experienced DWI Attorney on Your Side

If you refuse to give blood after the warrant is issued, police have permission to physically restrain you while your blood is drawn. In this type of situation, it is better not to resist as that could just make the situation worse.

If you are pulled over for a DWI, it is best to say as little as possible, remain polite and refuse all tests. If you are forced to submit to a blood test after being issued a blood search warrant, contact a DWI attorney immediately who can attack the blood search warrant and the results in court.

The Goolsby Law Firm is a criminal defense law firm in Dallas Texas that will help protect your rights if you are charged with criminal activity.


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