Texas DUI Attorneys Explain DWI Blood Draw Warrants

Texas DUI Attorneys Explain DWI Blood Draw Warrants

Getting pulled over for suspected drunk driving is scary. Getting your blood drawn against your will is scarier. But having an experienced DUI defense attorney on your side? That can give you some peace of mind.

In this article, Texas DUI attorneys are going to walk through everything you need to know about blood draw warrants in DWI cases. We’ll explain how they work, what your rights are, and most importantly – how having the right lawyer can help.

What is a DWI Blood Draw Warrant?

A DWI blood draw warrant is a legal document that lets police take a sample of your blood to test for alcohol or drugs. The officer has to convince a judge there’s probable cause you were driving drunk in order to get the warrant approved.

Once they have the warrant, police can force you to give blood even if you refuse a breathalyzer test. They can even hold you down and take it by force if necessary.

That’s pretty scary stuff. But there are defenses available if your rights get violated or mistakes get made in the process.

How Do Police Get a Warrant for Your Blood?

To get a blood draw warrant, the officer swears out an affidavit explaining why they think you’re drunk. They’ll talk about things like:

• How you were driving
• How you performed on field sobriety tests
• The smell of alcohol on your breath
• Slurred speech or other signs of intoxication

Basically, they write down every little thing to argue there’s probable cause you’re drunk. Then they take the affidavit to a judge or magistrate to review.

If the judge agrees there’s probable cause, they’ll issue the warrant. And once police have that piece of paper, they can force you to give blood.

Problems with Blood Draw Warrants

While warrants are meant to protect your rights, mistakes happen. That’s why having an experienced DWI defense lawyer review your case is so important.

Here are some of the problems we look for:

• Weak probable cause – were the officer’s reasons for thinking you were drunk even valid?
• Errors or lies in the affidavit – did the officer exaggerate or misstate facts?
• Improperly executed warrant – did they follow all the rules when taking your blood?
• Unreasonable delay – did they wait too long after arresting you to get the warrant?

Any issues like these can give us leverage to get evidence thrown out or charges reduced or dismissed. Don’t just take the police’s word that everything was done “by the book.”

Your Rights Against Unreasonable Searches

Even with a warrant, police still have to follow certain rules. The 4th Amendment protects you from “unreasonable searches and seizures.

That means the blood draw has to be conducted reasonably – they can’t just hold you down and jab you with a needle anywhere they want. The technician has to be qualified, use sanitary procedures, and only take what’s needed for testing.

If police use excessive force or the draw causes injury, those could be 4th Amendment violations. Don’t hesitate to discuss any concerns with your attorney.

Should You Refuse a Blood Test?

You do have a right to refuse giving blood. But before you make that decision, be aware of the consequences in Texas:

• Automatic driver’s license suspension – at least 180 days even if you’re found not guilty.
• Police will almost certainly get a warrant and take your blood anyway.
• Refusal can be used as evidence of guilt at trial.

Because of this, most Texas DUI attorneys recommend cooperating if police have a warrant. It takes away their ability to claim you were hiding something by refusing.

Just make sure to document any problems with the blood draw process so your lawyer can challenge the admissibility later on.

How a Lawyer Can Help After a Forced Blood Draw

Don’t just assume everything was done properly if police took your blood by force. A skilled DWI defense attorney will thoroughly examine:

• The affidavit for any misleading or inaccurate information.
• Whether correct procedures were followed in executing the warrant and taking your blood.
• If the blood was handled properly after the draw to ensure an accurate result.
• Whether the warrant was justified or police could have relied on a breath test instead.

If any issues are found, we can file a motion to suppress the blood evidence. This could result in the charges being dismissed entirely.

Fighting Back Against Blood Draw Warrants

Giving blood against your will is an extremely intrusive process. Police need to have a valid reason and follow all the rules when they force you to endure this.

Never assume officers “must have done it right” just because they had a warrant. Hire an experienced DWI defense attorney to protect your rights at every step.

With the help of a lawyer who understands Texas DUI laws and procedures, you can fight back against unjustified or improper blood draws. Don’t go through this scary process alone – make sure someone has your back.