Getting arrested after a night out can ruin anyone’s evening. The entire experience can be daunting and purposefully confusing. One of the biggest questions I’m often asked as a criminal defense attorney in Williamson County is: do I have to give a blood sample? Will I get in trouble if I don’t participate in field sobriety tests?
As outlined in my previous blog, if you can confidently pass a field sobriety test, go for it. However, if you’re clumsy or had more drinks than you can handle, here’s what you need to know.
Understanding DWI Arrests in Williamson County
One of the first things an officer will do when they arrest someone for DWI is to request a specimen of breath and/or blood.
As a citizen, you have the right to refuse this request. As an attorney, we typically recommend refusing any breath or blood tests when you are pulled over for DWI. If you can’t confidently pass a field sobriety test, don’t risk it.
However, there are consequences to refusing tests.
Read Our Blog: What Should I Expect with a DWI >0.15 Charge?
Can they take my blood sample without my consent?
If you refuse to provide a sample, the officer has the right to seek a search warrant from a magistrate. The process involves the officer drafting a probable cause affidavit, which outlines the events leading to your arrest and justifies the request for a blood sample.
If the magistrate approves the warrant, the officer can legally obtain your blood sample, even if it means strapping you down to do so.
In Texas, if you refuse a field sobriety test, the officer can get a search warrant to put a needle in your arm. This is becoming increasingly more common in Williamson County; however, they don’t always resort to this action.
For whatever reason, if they do not pursue this, it allows you to have more flexibility in getting your DWI dismissed.
Read Our Blog: Should You Consent to a Vehicle Search?
Can they take away my license with a DWI?
If you refuse to provide a breath or blood sample, your driver’s license will be suspended for at least six months. This may sound alarming, but there is a solution. You can obtain an occupational license, which allows you to drive for essential purposes such as work or school during the suspension period.
Navigating a DWI arrest involves understanding your rights and making informed decisions. While refusing a breath or blood sample can potentially strengthen your defense, it comes with its own set of risks and consequences.
The Law Office of Ryan Deck understands the severity of these charges and will do everything in their power to ensure that you not only understand your case every step of the way but feel affirmed to handle your case with confidence.
If you or a loved one is need of help, reach out to our office today.