Changing the Don't Blow Paradigm

For years the standard operating procedure for DWI suspects in Brazos County was "DON'T BLOW." That is, once a person was arrested for driving while intoxicated in Bryan|College Station, the best defense was a good offense and suspects were encouraged by Brazos criminal defense lawyers to refuse any breath or blood test requested by the arresting officer. However, times have changed over the past several years with the gathering momentum of blood draw warrants.

Blood draws pursuant to a search warrant occur shortly after a person arrested for DWI is taken to the Bryan|College Station police department and refuses to submit to a chemical test. Blood draw search warrant affidavits and search warrant forms are now readily available to law enforcement in Bryan|College Station. Local judges are on call 24/7 to review affidavits and grant warrant requests when the facts support the officer's request. The DWI suspects are then transported to a local hospital, their blood is drawn and sent to DPS for analysis.

What's the problem for citizens from whom blood was drawn after their DWI arrest? Simply, a blood test is much more difficult to defend than a breath test. Breath samples analyzed by the Intoxilyzer 5000 can be attacked in many credible ways. We've discussed the problems with the Intoxilyzer on many occasions at the Defense Perspective. However, blood testing does not suffer from the same, wide array of problems. There are ways to attack a blood test, but not nearly as effectively.

Consequently, the no-blow paradigm may be changing in Brazos County. The best way to avoid the problem is to avoid drinking-and-driving. However, in a large college town like Bryan|College Station, students rarely take this issue into consideration before a night out on the town. So, if you drink and drive in Brazos County, it may be time to start saying yes when asked to submit to a breath test. But better you never get asked in the first place.