DWI Blood Testing.

It is your constitutional right to refuse a blood test. HOWEVER, if you can you should avoid getting to this point because Texas can suspend your license and use your refusal as evidence in future prosecutions against you. And, in many jurisdictions, they will get a warrant for your blood 24/7.

Before having to refuse or consent to a blood test, you will normally have the option to take a breath test and/or a standard field sobriety test first. If you refuse to take all of these, they will take you to the police station and read you your rights regarding the blood-alcohol tests. Then here's what you do:

1. Ask them what happens if you refuse the breath test again.

2. Most officers will answer that if you refuse the breath, they will take your blood instead.

3. After they've said this, take the breath test over the blood test!

In most scenarios, officers cannot take your blood until you refuse a breath test. If you fail either test, you may lose your driving privileges: 90 days for a first offense and one year with suspicion or conviction of alcohol-related charges within the preceding 10 years.

• If you refuse the breath test, they can use that refusal as evidence of your guilt.

• When they take your blood, they will always take two vials; the State will argue the second is for the Defense to test if they don't trust the result.

• They can test your blood for drugs and medication, which they can't do with a breath test.

• Many jurisdictions won't allow you into dismissal programs if you refuse a breath test.

• Juries tend to trust blood results more than breath results.

Texas has recently implemented no refusal weekends, which aren't just limited to holiday weekends. During no-refusal time periods, the Texas Supreme Court allows police officers to draw blood without your consent, based only on probable cause.

If you resist, they really will strap you down to a chair using as many officers as they deem necessary until they have gotten your blood. If this happens, don't fight. At that moment, there is no way around it and you don't want to risk suffering bodily harm from the police - or an assault charge if they feel you fought back too hard. Afterward, you should contact a qualified DWI lawyer as soon as possible to rectify the situation.