I AGREED TO TAKE THE INTOXYLYZER SINCE I WAS NOT INTOXICATED. I DID IT PERFECT. THE POLICE TOLD ME THAT THE TEST SHOWED INTERFERANCE AND HAS ONLY HAPPENED 3 TIMES IN HIS FIFTEEN YEARS OF CONDUCTING THEM. THEN HE ORDERED ME TO TAKE A BLOOHAD DRAWN. i TOLD HIM IT WAS NOT MY FAULT THE MACHINE DIDN'T WORK PROPERLY AND THAT I HAD COOPERATED ENOUGH. HE FORCED A BLOOD DRAWN AFTER OBTAINING WARRANT. I THOUGHT IT WAS ONE OR THE OTHER. IT WAS NOT MY FAULT THE MACHINE DID NOT WORK. CAN HE ORDER YOU TO DO BLOOD DRAWN EVENTHOUGH YOU SIGNED AND AGREED FOR THE INTOXYZER
Yes. If they ask you for blood after the breath test, for whatever reason, if you don't agree it's considered a refusal. They have the right to request a warrant at that point. You need to start interviewing DWI attorneys as soon as possible. Your first deadline expires fifteen days from arrest.
The Texas Implied Consent law gives police officers the discretion to request either a breath or blood test from a person they have properly arrested for DWI. They also have the power to obtain an evidentiary search warrant for blood if they can present enough probable cause to a neutral magistrate. The issue in your case may be the admissibility of your refusal to submit to a blood test after the breath test went awry. The search warrant for blood is also an issue, but separate. Hire a qualified DWI criminal defense lawyer right away.
The office basically obtained a search warrant from the magistrate judge to take the blood sample. The question then becomes whether the officer had enough probable cause to obtain the warrant. If you want to go into more detail or have any questions, please call me at (210) 510-9044. I would be happy to do what I can for you
The fact that the instrument returned a message stating that there was interference may help with your defense. If you have diabetes or think you could have diabetes, we might be able to use this to your advantage. While I know it is frustrating to learn the State can draw your blood after you voluntarily provided a breath specimen, all is not lost. Get an experienced local criminal defense attorney to help defend you against this. And remember, you only have 15 days from the date of Notice of Suspension to request a hearing to contest your Driver License suspension. DO NOT MISS THAT DEADLINE. Those hearings serve as an invaluable tool to help us build your defense in the DWI case itself.
Unfortunately, since he, the officer, went through the process of getting a "blood" warrant, he was within his rights to obtain the blood. Like other attorneys have stated, this is just the first step. An attorney will be able to work through the motions to suppress, ALR hearings, etc. Do not go it alone.
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