Officers in Lubbock, Texas are enforcing mandatory blood tests for those who refuse to take a breath test after a DWI.
If you refuse to take a breath test, they will immediately take you to a medical facility as they process a warrant to extract your blood to test your BAC (blood alcohol content) to determine if you are over the legal limit for alcohol in your bloodstream while driving (aka DWI, driving while intoxicated in Texas).
Typically, a judge will approve the warrant.
This is certainly a questionable invasion of your rights to privacy, self-incrimination, and other serious constitutional issues.
Texas Defense attorneys argue that you have a clear right to refuse to take a breathalyzer test under the law, and this circumvents that right. Although it is true that under Texas’ implied consent laws, the DMV has the right to suspend your driver’s license for the refusal, as per your agreement as a condition of being a licensed driver in Texas.
If you are facing a DWI in Texas, contact us for a legal case evaluation and free consultation on your defense options.