Our Attorney Wants You to Know the Facts
Being accused of a DWI is a frightening scenario. Law enforcement personnel, determined to strengthen their case, often employ scare tactics to coerce a driver into submitting to invasive tests.What they don’t want you to know is that the legality of these tests have recently come into question, and have been argued all the way up to the Supreme Court of the United States (SCOTUS).
At the Law Office of Jesse Hernandez, our San Antonio criminal defense attorney is cognizant of the recent rulings that question the validity of DWI blood tests and the impact they can have on your case. If you have recently exercised your legal right to refuse a blood test, or you have recently been subjected to this procedure, our experienced and dedicated DWI lawyer can provide a formidable defense to fight for your rights.
SCOTUS: DWI blood tests may be unconstitutional without a warrant.
In a recent 2-year period (2011-2013), a driver in Texas was arrested every day for drunken driving based on a warrantless blood draw. This is an alarming statistic that reflects the lack of personal freedoms in a DWI arrest. SCOTUS took notice and recently handed down a ruling questioning the constitutionality of personal searches in DWI stops.
Current Texas law requires law enforcement to get a warrant from a judge before they can draw blood, except under urgent circumstances. The debate over the definition of these circumstances has caused some cities in the state to require a warrant for any and all blood draws. Other cities have exploited the confusion as a loophole, performing the tests at any opportunity.
Understanding the Right to Refusal
Law enforcement agencies are quick to inform a suspected drunk driver that simply by operating a vehicle you have given consent for invasive medical procedures. If you do not allow your blood alcohol content (BAC) to be tested, you will be immediately subjected to penalties.
While the consequences of not submitting to a BAC test may seem serious, the ramifications of a DWI conviction are far more severe. Your driving privileges, your finances, and your personal freedom can hang in the balance. Our experienced San Antonio criminal defense lawyer wants you to know that you have the right to refuse any such BAC examination.
Challenging DWI Blood Tests
Even if a driver submits to a BAC blood test, many questions come into play regarding its legality and the validity of the results. At the Law Office of Jesse Hernandez, our accomplished attorneys can zealously dispute the legitimacy of your blood test results.
In order to defend your legal rights, our hard-hitting San Antonio DWI attorneys can challenge the various aspects of your DWI blood test, including:
- Did the police officer have sufficient reason to suspect you of a DWI?
- Was there a warrant for the blood test?
- In the absence of a warrant, were you notified of your right to refuse and the consequences?
- Was the blood sample taken by trained, medical personnel?
- Were proper safety and sanitary measures taken?
Aggressive Advocacy from the Law Office of Jesse Hernandez
If you are facing a DWI charge based on a BAC blood test, you need an aggressive advocate dedicated to defending your rights and your freedoms. At the Law Office of Jesse Hernandez, our accomplished DWI lawyers can provide an effective defense, including confronting the accuracy and legalities of all aspects of your arrest.
We are available 24/7 to help clients with their criminal defense, jail release , and / or bail bonds.
Contact us today to arrange your free case evaluation!