Blood And Breath Testing: Know Your Rights At A Traffic Stop
When a Texas driver is pulled over, their mind is likely to be racing with the possible outcomes. What can the police make you do? When can you say no – and what would happen if you did? In this situation, knowing your rights, especially those about privacy and testing, is crucial.
While it is helpful to prepare for a traffic stop ahead of time, many people do not know how to protect themselves when it happens. Based in New Braunfels, the skilled lawyers at Kyle Law Firm are here to help you with the aftermath of a traffic stop, including DWI defense.
Call 830-620-9402 for a free consultation about your particular situation.
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Can The Police Test Your Breath Or Blood Against Your Will?
While it is true that you can refuse a breath test, there may be consequences for doing so due to implied consent laws. The officer can choose to suspend your license and arrest you – and they may seek a warrant to test your blood regardless. The likelihood of obtaining this warrant may be high after you refuse a breath test.
If police obtain a warrant to draw your blood, they would not legally need your permission. However, blood draws must be as humane and noninvasive as possible. They must also only draw a reasonable amount of blood to test for alcohol content. If the circumstances of a blood draw are troubling, we are ready to stand up for your rights.
Challenging A Blood Or Breath Test In Court
We are ready to confront the validity of a blood or breath test in Texas. Because the test results are often central to a DWI conviction or arrest, it is important to fight against wrongful tests.
To defend your rights, we can inspect:
- Potential defects in the equipment
- Causes of false positives, such as medication or mouthwash
- The legitimacy of the warrant
- The amount of physical force during the test administration
- Statements about your rights from the officer during the stop
If the police did not respect your constitutional rights during a roadside test, the court should not hold its results against you.
Call Attorneys With Proven Trial Outcomes
With our experience, we can help you assert your rights in court. Call our office or send our firm a message online to speak with us about your DUI defense case. We know the difference between what police can and cannot do. We are willing to advocate for you.