Posted on 11/18/19

If you are arrested for a DWI, ordriving while intoxicated, in Texas, it is likely that the police will ask you to do a breath or blood test so they can determine if you have any drugs or alcohol in your system and how much. The results they obtain from the test will be used against you in court as evidence when they charge you with DWI. However, law enforcement is required to follow specific guidelines when administering such tests.

Verbal Consent Confusion

In July, a man was arrested in Dallas after being involved in a deadly car accident. Although his breath test showed zero concentration of alcohol in his breath, the police said he exhibited signs of intoxication. After arresting him, they took him to the hospital for treatment and asked the nurses to draw a blood test to test for drugs. However, the nurses refused saying he was toointoxicated to give his verbal consent. The police ended up obtaining a search warrant but maintain that the warrant was not necessary.

DWI Testing Consent

Like many other states,Texas has implied consent laws when it comes to DWI tests. This means that simply by driving, you are consenting to blood or breath tests to determine if you are impaired. However, you are allowed to refuse these tests, but if you do, the police will use this refusal as grounds to suspend your drivers’ license.

In certain situations, police may require testing of your blood or breath even if you refuse. For example, if you are arrested after an accident that resulted in death or serious injury to other people, the police can require you to test even if you refuse.

In order to draw a blood sample for testing, a trained medical professional must draw the blood and follow specific sanitary procedures. In addition, the police officer has to witness the medical professional drawing the blood.

Obtaining a Sample Without Your Consent

If law enforcement officials believe that you were operating a vehicle in a public place while intoxicated due to drugs or alcohol, they may require you to take a breath or blood test if one of the following situations also applies:

  • You have previously been convicted of a DWI with a child under the age of 14 in your vehicle.

  • You caused a car accident in which a person needed to go to the hospital for emergency treatment, suffered serious bodily injuries, or died.

  • You have two prior convictions for DWI.

  • You have a previous intoxication manslaughter or intoxication assault conviction.

Contact an Experienced Texas DWI Attorney Today

If you have been arrested or charged with driving while intoxicated, you need to seek the counsel of an experienced DWI attorney. The attorneys atAbel Law Firm will investigate the charges against you, advise you of your legal options, and create the best possible defense strategy for your situation. Contact us today to schedule a consultation.

Flower Mound Office

Phone: 972.584.7837

Denton Office