VIDEO LEARNING CENTER
DWI BLOOD TESTS
Are blood tests more accurate than breath tests? Blood tests are not always reliable.
About David Breston
The Breston Law Firm has handled over 4,000 cases and has been helping people in Texas since 1987. Watch this video to find out more about our firm
CHOOSING A DWI LAWYER
Learn how to choose a DWI lawyer and the importance of choosing an experienced attorney.
DWI PENALTIES
A Texas DWI charge can cost you to lose your license, you face fines and may cost you your job.
DWI/DUI CHARGES
Have you been charged with Driving While Intoxicated (DWI)? Watch this video by David Breston explaining how he may be able to help you.
DWI BREATH TESTS
Should you refuse a breath test if you are pulled over for DWI in Texas? Watch this video to learn.
Civil Rights and DUI
Anyone who resides in the United States most likely labors under the mistaken notion that they live in a country where basic civil rights are respected and any encounter with law enforcement will automatically be prefaced with a reading of our 'Miranda Rights' and kid-glove treatment in matters of questionable legality. It is my unfortunate duty to dispel you of these misguided beliefs.
To the contrary, any interactions with police may not look anything like an episode of 'Cops' and you will could walk away disillusioned at best – but definitely more wary when it comes to police stops and interrogation. Take, for instance, a routine stop for suspected intoxicated driving in which the officer requests that you perform a blood alcohol content test by blowing into a breathalyzer. Now, you realize that you have given 'implied consent' to the officer for this request when you signed your driver's license; however, while sitting behind the wheel of your car you decide you would rather not consent to any type of sobriety test.
You should know that just because you do not care to submit to a BAC test doesn't mean the officer must honor this decision. In fact, should you choose to 'opt out of' the breathalyzer, the policeman has every right to arrest you and take you to the police station where a lab technician or other medical personnel may forcibly take a blood sample without your consent. This is a legal decision that has been handed down from the Supreme Court itself in the Schmerber case. Specifically, in Schmerber v. California, "Case citation" 384 U.S. 757 1966), a decision by "United States Supreme Court" United States Supreme Court held that a State may, over the suspect's protest, have a physician extract blood from a person suspected of "Driving under the influence" drunken driving without violating the suspect's Fifth Amendment (and later, Fourth Amendment rights) to the United States Constitution.
Moreover, if a suspect becomes belligerent or is extremely uncooperative, he or she may be handcuffed and a modicum of police force may be imposed in order for the technician or physician to complete the process of withdrawing the blood sample. If that seems – well, draconian – you will be relieved to know that the court did set down some limitations. In the case of this type of invasive body search the police may not exceed the boundaries of what is considered to be 'offensive to human dignity' OR 'shocking to the conscience'.
Now, if that doesn't set your mind at ease then you join thousands of DUI and DWI legal defense representatives that feel the 'state' (and, for the matter, the federal government) have overstepped their boundaries and continue to do so with each legal victory they score in the intoxicated driving arena because for each encroachment on the civil liberties of average Americans that is supported by the judicial system – there is an opportunity to further advance restrictions to our natural rights.
I encourage you to write to your congressperson on matters of civil rights and intoxicated driving.