Do I have to submit to a breath, a blood, or urine test?
The short answer is no. However the law enforcement agency especially in and around Houston and its surrounding counties can get a warrant to get a blood sample. The Texas Intoxilyzer is a machine that has a dubious reputation at best. In Texas, refusal to submit to a test is admissible in any criminal proceeding as evidence of consciousness of guilt. Right now, Texas juries still find more credibility in blood results so before the proliferation of blood search warrants and no refusal weekends, I had always advised clients to refuse the breath test. If the defendant is presented with an option, I now advise to choose breath or urine over blood test.
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