Dallas County DWI Attorney Explains Your Options If You Are Asked To Take A Chemical Test

Texas has an implied consent law on the books. Implied consent means that you, as an operator of a motor vehicle on a public place in Texas, have given your agreement to take a chemical test if a law enforcement officer has reason to believe you are driving under the influence (DUI).  You have the right to refuse to take the test; no one can force you to take the test, most of the time. There are circumstances when the law enforcement officer must take a blood sample from you even if you refuse to give one. In that case, the officer must get a search warrant; that is authority from a judge to take a sample of your blood and deliver it to a lab for testing. Dallas County DUI attorney Jack Pettit can guide you through the process.

Upon arrest for DUI in Texas, a law enforcement officer will ask you to take a chemical test. Under Texas’ implied consent law, every person operating a vehicle in a public place consents to take a chemical test. Law enforcement officers want you to take the test, such as a breathalyzer or blood-draw because it is very likely that those tests will make matters worse for you.  People very rarely beat a breathalyzer test or a blood-draw simply because 0.08% blood alcohol concentration (BAC) is a very low number and you do not need to drink a lot to get there.  You may not even feel intoxicated at 0.08% BAC, which is known as the “legal limit.”  The blood test also allows law enforcement to search your blood for drugs or other substances in addition to alcohol.

Refusal to take the test has consequences as well. The arresting officer must inform you of those consequences. For instance, your refusal to take a chemical test can be used against you in the prosecution of the case. A prosecutor will argue that you did not take the test because you knew you would fail it.  Additionally, the state will suspend your license for 180 days if you refuse to take a chemical test.  The officer must inform you that if you take the test but fail it, then your license must be immediately suspended for 90 days if you are older than 21.

The police are obligated to force you to take a blood test aggravating circumstances are present. The officer must take a specimen if the officer believes that a person suspected of DUI causes a crash and another person may die as a result of injuries caused by the accident.  The officer must take a sample if a person other than the one arrested was seriously injured or simply injured and sent to the hospital.  Similarly, if the police arrested the driver for DUI and a child was in the car, then the officer must force a sample.  The officer must also compel the driver to provide a sample if the driver was previously convicted of DUI twice before or once convicted of DUI with a child passenger or intoxication assault or intoxication manslaughter.

The officer may not force a person to take a blood test without a court order.  The law enforcement officer must obtain a search warrant to take the blood sample. A judge or magistrate must review the search warrant request to make sure that there is probable cause to grant the police officer’s request to take your blood.  If the judge signs the warrant, then the police must take you to a hospital and have the blood drawn by a qualified medical professional.

Contact An Experienced Lawyer If You Have Been Arrested For DUI

Dallas County DUI attorney Jack Pettit is an experienced DUI attorney. Attorney Pettit will zealously represent you every step of the way. Call Attorney Pettit today at 214-521-4567 and let experience and determination fight for you.

Tags:

Comments are closed.