The Harris County District Attorney’s office has mandated that all DWI suspects who refuse to submit to a breath or blood test will be forced to undergo mandatory blood testing. Under Missouri v. McNeely, this action requires a warrant, and applies to every hour of every day. So now every day is a No Refusal Day!
Our Take on No Refusal
Blood testing is a fundamental violation of our personal privacy. However, the Supreme Court has stated that the cost of invading privacy comes secondary to deterring DWIs. In April 2013, Missouri v. McNeely held that the metabolizing or natural dissipation of alcohol does not constitute an urgent enough circumstance to circumvent the warrant requirement under the 4th Amendment.
Accordingly, the state must always have a warrant for a blood draw, barring certain exigent circumstances. The State of Texas has responded by making every day a No Refusal day …but that requires a tremendous –not to mention costly– use of resources.
Our Advice for a Breath Test
If the law enforcement officers are going to get a warrant, or it’s a no-refusal situation …take the breath test. It’s more inaccurate and easier to beat in court than a blood test. If possible, wait as long as possible to take the breath test. This strategy ensures a lower score than consenting on-site because your body has been given more time to process the alcohol. We have more advice about your rights in a DWI testing situation available on our website.
You Need Thiessen Law Firm
Only about 5% of trial attorneys can successfully try and win a DWI case with a breath test. Less than 1% can win when a blood test is used as evidence. Mark has proven results that he can and does win even when the blood test indicates intoxication, and you need a lawyer who knows how to get that “not guilty” verdict. The Thiessen Law Firm has already won four breath and three blood test cases in 2013 alone. If you want a victory in a DWI case, call us today.
