More and more people realize that they don’t have to consent to a breath test if they are pulled over and suspected of DWI. While they may still be arrested and charged with the offense this refusal could increase the chances that those charges would be dropped or the jury would return a not guilty verdict. This is exactly why Dallas has started mandatory DUI blood draws in some cases.
If you refuse a breath test in Dallas but the police believe you are intoxicated, they can request a warrant for your blood. This trend is gaining popularity despite dissent from the ACLU and many other groups. According to this report from the Dallas Observer, even some judges wonder if this is the right thing to do, especially when they learn of people physically resisting the blood draw.
Evaluations showed, however, that cases where the alleged drunk driver refused testing they were acquitted. Groups like MADD and prosecutors alike didn’t like this. It made the police and prosecution work very hard to build a DWI case that was a slam dunk.
It seems that with this new blood evidence prosecutors may be getting their way. Conviction rates are up and so are guilty pleas. This new trend of mandatory blood draws is gaining popularity and certain to be a hot topic as it spreads across the state.
Being charged with a DWI is frightening whether you submitted to a breath test, refused a test, or were required to have blood drawn. The cards may be stacked against you and you may be scared about what a DUI conviction will mean for you.
If you are facing DUI charges in Texas, you need the help of an experienced DUI lawyer. Call our attorneys today to discuss your case, and get some critical legal advice.
Is there any concern about the our constructional rights?
Apparently not by the police, no. It would be worth finding out if this is being pursued in court by organizations like the ACLU, but by and large, these efforts have sadly held up to judicial scrutiny.