What If I Refuse To Give A Blood Or Breath Test?

As we have noted, a person has the right to refuse to consent to a breath or blood test. As we have previously noted, on certain holidays, the local police will often have a "no-refusal" weekend. By "no-refusal," the police will ask for a breath or blood sample and if the suspect refuses, the police will attempt to obtain a search warrant to draw a person's blood.

Courts have upheld this tactic--the police may obtain a defendant's blood sample through a search warrant. However, a search warrant cannot be issued by a magistrate unless it is based on probable cause. The probable cause must be determined from the "four corners" of the affidavit. The affidavit is submitted by the police officer and it must establish probable cause to believe that the defendant was committing the offense of driving while intoxicated. Along with this, if there is a blood draw, the blood draw will demonstrate that the person has alcohol in his or her blood stream.

If you have been charged with DWI, contact a Plano DWI lawyer.