If an officer has sufficient evidence to believe you were driving while intoxicated he/she can obtain a search warrant for your blood and you will be forced to give a blood sample if a warrant is obtained. However, the officer must follow certain guidelines in obtaining a search warrant. Under the Texas Code of Criminal Procedure, a police officer must be certain the affidavit coupled with the warrant establishes probable cause that you committed the offense of driving while intoxicated and the search warrant must be signed by a magistrate.
There are other situations where you will be forced to give a blood sample and the officer does not need to obtain a warrant.
The situations where the officer does not need to obtain a warrant include:
- a person has died or will die;
- a person has suffered serious bodily injury; or
- a person has suffered bodily injury and has been transported to a hospital for medical treatment.
We know that a criminal conviction can have serious repercussions on your future so we work diligently to limit the adverse consequences of a misdemeanor or felony conviction. These devastating consequences may include:
- Criminal record that is revealed in criminal background checks
- Denial of loans from banks and finance companies
- Barriers to employment in specific occupations
- Ineligibility for certain professional licenses
- Removal and exclusion from entry to the U.S. under immigration laws
- Public record of your conviction available to landlords and employers
- Expulsion or denial of admission at some universities
Call 817-435-2909 now, to schedule a free case evaluation with DWI attorney Jeff Hampton.