The Law Offices of Gary Churak P.C.

San Antonio

14310 Northbrook Drive #210
San Antonio, Texas 78232
San Antonio TX Criminal Defense Attorney

Should Someone Attempt The Breath Test?

Should Someone Attempt The Breath Test?

Should Someone Attempt The Breath Test?

Gary Churak's Answer

This would depend on where the person was at the time. Some cities have a law requiring a mandatory blood draw, so it would not matter whether or not someone blew because, if they refuse to blow, the police can just get a warrant, strap the person down, stick the person with a needle and remove blood from the person without their consent. The person should not blow if there is no mandatory blood draw in the city, municipality or county where they were arrested, although if there is a mandatory blood draw, the person should consider blowing.
Should Someone Attempt The Breath Test?

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