ARE YOU OBLIGATED TO TAKE BOTH BLOOD AND BREATH TESTS IN DWI ARREST

Asked over 1 year ago - San Antonio, TX

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

Attorney answers (7)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Stephen A. Gustitis

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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.

  3. Kelly Wright Kelly

    Contributor Level 6

    5

    Lawyers agree

    Answered . 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

  4. Jodi Soyars

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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.

    This answer is for informational and educational use only. This answer does not create attorney-client... more
  5. John Joseph Eastland

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . You are not required to submit to both tests, much less even one. Since the officer obtained a warrant you should hire a good DWI defense lawyer to fight the warrant request and suppress the test results.

  6. John Charles Hafley

    Contributor Level 6

    3

    Lawyers agree

    Answered . 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.

  7. Barry H Helfand

    Pro

    Contributor Level 3

    4

    Lawyers agree

    Answered . the answer depends upon the specific state you live in. the atty will need to see the application for the cts order. also the answer could depend on whether there was an underlying accident and whether someone was severely injured or killed generally speak9ing the answer is no

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