Many cases of DWI in Texas are being based on a blood test for alcohol. The breath test was typically the key piece of evidence in Texas DWI cases, but now, that is not solely true. As more people understand that breath tests are unreliable, people are refusing to take them. Many Texas police officers are applying for warrants to draw your blood after you have refused a breath test. San Antonio DWI lawyer Jamie Balagia would like you to understand these blood tests.
A big myth in a Texas DWI case is that the blood test results are more reliable than any other chemical DWI testing. This is simply not true. There are many things that can cause a high BAC results in a blood test artificially, which means the test can be very unreliable. Take a look at our Blood Alcohol Defenses page to learn more about these issues and how we can utilize them in your case.
The State has pushed No Refusal Weekend, which has led a lot of people to believe that you can not refuse a breath test, however, this is also not true. the No Refusal Weekend policy only applies to the Mandatory Texas breath test, not the preliminary at the site of your car stop.
You are not provided with a choice whether to provide a breath test or a blood test, but at any time, at your own expense, you can request additional testing if you submitted to the test that the police officer originally asked of you.
As more and more blood warrants are being issued by judges, you must understand your rights and responsibilities if you are told that the police have a warrant to forcibly draw your blood. You should not refuse to provide a blood sample if the police have a warrant to do so. If you do, it is likely that you will face added charges and it could put your safety and health in jeopardy.
Even if the police were able to legally test your blood for a DWI in Texas with a warrant or you offered it to them voluntarily, San Antonio DWI lawyer Jamie Balagia offers many ways to defend against these tests. Our San Antonio DWI lawyer Jamie Balagia is exceptionally trained at defending people charged with a DWI in Texas based on blood test evidence. Call right now for a free case review.