Blood Search Warrants DWI Austin
Driving While Intoxicated
Have you or a loved one been charged with driving while intoxicated (DWI) in the Austin area? Are you confused about your rights when stopped by a police officer? Were you or a loved one issued a warrant for a blood search after refusing a breath test?
Being stopped and charged with a DWI is a stressful and confusing process. Knowing your rights and the laws concerning drunk driving can be even more confusing. It is easy to assume that if a police officer requests a blood sample, you must comply. However, this is not always the case, even with the No Refusal policies in Texas.
Why is a Blood Test Performed?
Blood tests are intended to determine a person’s blood alcohol content, or BAC. If a police officer has reason to think that someone is intoxicated, they can request a sobriety, breath, or blood test. However, you have the right to refuse. If you refuse a breath test, a blood test will likely be requested. You also have the right to refuse a blood test. If you refuse a blood test, the officer will need a warrant in order to collect a blood sample.
What is a Blood Search Warrant?
The Fourth Amendment of the U.S. Constitution requires that an officer obtain a warrant if privacy is to be violated, and drawing blood is a reasonable violation of personal privacy. Warrants are granted by a judge based on reasonable evidence that a warrant is necessary and justifiable under the circumstances.
Procedure For Obtaining a Warrant
A judge must be available at all times to authorize blood search warrants in Texas. The police officer requesting the warrant needs to provide reasonable evidence that a warrant is justifiable and then the judge must issue a warrant before your blood can be drawn and tested. If you refuse a blood test after issued a blood search warrant, your charges will likely become more severe. At the point a warrant is brought against you, it is in your best interest to comply to a blood test.
DWI Blood Tests and Your Case
Whether or not you submitted to a blood test at the time of your DWI arrest, if you are facing this serious charge you need an experienced attorney who can help you achieve the best possible outcome in your case. Attorney Ken Gibson has years of experience navigating the drunk driving laws in the Austin, Texas area. Call today to schedule a free review of your case.