William B. Mange

Criminal Defense Lawyer in Austin, Texas

Criminal Law Blog

September 28, 2009

10 Reasons Not To Blow And Not To Consent To A Blood Draw
1. Don’t agree to give evidence against yourself.
2. If the police want to arrest you and the prosecutor wants to convict you, why would you help them?
3. Even if you blow under .08, you’ll remain under arrest, you’ll still spend the night in jail, and you’ll still have to hire a lawyer.
4. If you blow or give blood, and the result is .16 or higher, and if you are convicted, then the surcharge you’ll owe is $2,000 per year for 3 years. If you refused to blow, and if you are convicted, then the surcharge you’ll owe is $1,000 per year for 3 years.
5. The only thing you lose when you refuse to blow is an additional 90 days of driver’s license suspension. We can get you an occupational driver’s license for a first time DWI with basically no problem.
6. One of the first thing a prosecutor looks for in evaluating a case is whether the defendant blew. If he did and it was .08 or higher, then the prosecutor will make a recommendation for a DWI conviction. He’ll have orders from his boss not to reduce or dismiss it, at the risk of losing his job.

7. There aren’t many things you can control when a police officer has arrested you. One thing you do control is whether you can give consent to blow or give blood. If you agree to blow or give blood, you’re just giving the police even more control over you. Why would you do that?
8. If you’ve been arrested for DWI, then the officer has formed the opinion that he has probable cause to believe that you were driving while intoxicated. If you disagree with his opinion, why would you risk giving him evidence that he’s right?
9. Police officers, when arrested for DWI, don’t blow.
10. Judges, when arrested for DWI, don’t blow.

William B. Mange

Criminal Defense Lawyer in Austin, Texas

Criminal Law Blog

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