Blood Test in Texas DWI Cases
Drunk Driving Defense in Fort Worth, Texas
In most DWI arrests, breath tests are used to gauge the blood alcohol content of drivers who are suspected of being intoxicated. If used properly, blood tests can be more accurate than breathalyzers (breath test machine) and can also be used to test for the use of marijuana and other drugs. Officers are beginning to use blood tests much more often in DWI cases. After most DWI arrests, a driver must give his or her consent in order for a blood test to be taken. However, there are a number of situations that DWI law enforcement can take your blood without your consent. DWI prosecution and law enforcement are gearing up their ability to take blood from you without your consent. This includes concerted efforts by the State’s attorneys and DWI law enforcement to get warrants OR get warrantless blood draws. The State has skilled DWI Attorneys on their side; you need a skilled DWI Lawyer on yours. Fort Worth DWI Attorney Cody Cofer will fight to protect your rights and get your life back to normal.
Warrant for DWI Blood Test
A blood draw to test for alcohol or drugs is viewed as any other search for evidence. Like other searches for evidence, a blood test may be taken if an officer gets a search warrant following your arrest for DWI. To get a DWI Blood Draw warrant, the officer has to swear in a affidavit about the facts of the DWI and present it to a magistrate to issue the warrant. Often the State has attorney’s helping law enforcement to craft these DWI Blood Draw affidavits to convince the magistrate to issue the warrant. Like other warrants, these blood warrants should be based on probable case. Sometimes these warrants or the process followed is defective. You need a skilled DWI Attorney to review the instruments and procedures used in obtaining your blood. Cody Cofer is a former prosecutor that has educated officers on appropriate procedures for getting a blood warrant and he knows where to look for their mistakes. This experience and education has shaped Cody Cofer into a highly effective Criminal Defense Attorney.
Mandatory DWI Blood Tests
There are many situations that DWI law enforcement can draw blood to test without obtaining a warrant. As of September 1, 2009, Chapter 724 of the Texas Transportation Code requires an officer that makes a DWI arrest to draw blood without a warrant if: (1) you are arrested for an offense under Penal Code Chapter 49 (DWI Law); (2) refuse to provide a breath sample in the breathalyzer (not taking about a portable breath test machine here); (3) and a person other than the you “has suffered bodily injury and has been transported to a hospital or other medical facility for medical treatment”;
Also, Texas DWI law requires law enforcement to get a mandatory DWI blood draw if you are arrested for DWI with a Child Passenger under Texas Penal Code §49.045. Yet another situation where an officer must do a DWI blood draw to test, the officer “credibly” believes that the suspect can be charged with felony DWI due to two prior Chapter 49 DWI offenses or one prior intoxication manslaughter. What “credible evidence” means is not entirely clear, because the law is relatively new. This can be from what YOU tell the officer, so it’s important that you exercise your right to remain silent. Further, if the officer “credibly” believes that you committed DWI and were previously convicted of intoxication assault or DWI with a child passenger. This means, that it is possible for an officer to take your blood WITHOUT a warrant for a misdemeanor DWI. Make no mistake, the Texas DWI law is written to try to take your blood whether you like it or not. If you’re facing DWI charges you need a skilled DWI Defense Lawyer to handle your case. Cody Cofer is a former prosecutor that has successfully tried misdemeanor and felony DWIs. He knows the law and can protect your rights.
Should you refuse to give blood?
Like field sobriety tests, it is usually in your best interest to refuse to give a blood test when you are given the option, also do not resist but do not acquiesce to claims that a warrant has been obtained. Instead simply sit and be silent. If you have already taken a blood test and were arrested for a DWI, your best defense will be having an experienced DWI lawyer on your side.
Hire a Knowledgeable DWI Attorney in Texas
If you were arrested for a DWI and have had a blood sample taken to prove your intoxication, you still have options for protecting your rights and mounting a tough defense. Cody Cofer represents clients charged with DWI in Tarrant and surrounding counties. In his careers, he has handled more than a thousand DWI cases. Call or visit Cody Cofer’s downtown Fort Worth office. It’s within walking distance of the Tarrant Criminal Court’s building.