In Texas there is what is called an implied consent law. What that means is that if you are driving you consent to taking a breath of blood test. In the past if you said “no” the police didn’t do anything about it.
Recently they have started taking your blood and doing the blood test without your permission. They do this by obtaining a warrant through a judge. These warrants are rushed through so they can do the blood test as quickly as possible to more accurately reflect your blood alcohol concentration at the time of driving.
In many cases the officer will not offer a breath test but will immediately do a blood test. This way they can not only check the amount of alcohol in your system, but also if there are illegal drugs in your system that may impair your driving.
If you need help defending you DWI case in the Dallas area, call me at 214-296-2770.
