The Campaign For DA



Summary: Even though the law gives you the right to refuse a breath or blood sample, that doesn't prevent the cops from getting a search warrant for your blood. The normal obstacle is having a judge available to "review" a probable cause affidavit (which is nothing more than a checklist with the typical observations in a DWI arrest) and issue the warrant.

Wise County has been doing this over the last year but normally only in unusual cases.

However, Tarrant County, over the holiday weekend, will take the blood of every DWI arrestee who refuses to give a sample.

Sadly, no one will care about the government forcing the blood out of a person via a needle - even if the person really isn't guilty. Nor do they care of statements like this made by a MADD representative on WBAP this morning: "If you say you have had two drinks, officers are trained to know you have had an overflow of alcohol." Actual quote. I wrote it down while shaking my head.