Did the police have probable cause to believe that you were legally intoxicated? This should be the case before he or she obtains a blood warrant for the purpose of getting a mandatory blood draw. This is sometimes justified after a serious car accident causing injury or death, or if there is a child younger than age 15 in the car and the police have reason to suspect that the driver's blood alcohol level is over the limit of .08.
In other circumstances, there may be more of a grey area of doubt as to whether the police could justify obtaining a blood warrant after pulling you over on suspicion of DWI. Did the police abuse their powers of discretion when obtaining a blood warrant that resulted in a DWI conviction for you after you refused to give a breath sample? Talk to an experienced and aggressive criminal defense lawyer who is ready to explore this and all angles in your defense after a drunk driving arrest in Texas.
Attorney Jed Silverman is prepared to fight vigorously on your behalf when police have violated Texas law by forcing a mandatory blood draw after a DWI traffic stop:
§ 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON REFUSES; EXCEPTION. Except as provided by Section 724.012(b), a specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace officer.
Free Consultation for DWI Defendants in Texas · Blood Test? Lawyer Jed Silverman Can Defend You · Se Habla Español · Statewide Representation
The Law Offices of Jed Silverman represents clients in state and federal courts in Texas, in all types of criminal law matters. If you have been arrested after police stopped you in a DWI enforcement sweep and then obtained a blood warrant to force you to give a blood sample, contact our firm in Houston. Blood warrant? DWI defense lawyer Jed Silverman can help protect your legal rights even when legal process has been pushed through by way of a search warrant requiring you to give blood.
