Best Criminal Defense Lawyers in Waco, TX

Breath vs. Blood Test For those arrested on suspicion of driving while intoxicated (DWI) in Waco, a common point of confusion surrounds the ability to choose between taking a breath or a blood test. Many believe it's only fair they get to decide which evidence is provided to law enforcement. However, Texas law dictates otherwise. Police hold sole discretion in selecting which test - breath or blood - must be taken after a DWI arrest in Waco and Mc Lennan County. Officers have no legal obligation to justify their choice or adhere to the suspect's preference. As invasive as blood draws may seem compared to breathalyzers, the courts have consistently ruled the testing method falls under the officer's authority. You cannot negotiate an alternative or your willingness to take the non-requested variety is considered a refused test. Officers often request blood samples when suspects require hospital treatment after accidents, as it's more convenient than transporting them to intake for a breath test. Alternatively, they may prefer breathalyzers if suspects are already jailed to simplify logistics. However, the reason is irrelevant - you must submit to whichever test is requested by Waco police. Regardless of which test was sought, a refusal can lead to an automatic 180-day driver's license suspension and be presented as evidence of guilt. While complying may seem undesirable, refusing typically weakens your defense.