Information on DWI Warrants
WHAT IS DWI/DUI Every state, particularly the state of Texas has set laws that categorized DWI/DUI as a crime.
This law/crime was put in place to steer people away from "Driving While Intoxicated" and (or) "Driving Under the Influence".
Keeping impaired drivers off the road will surely help to protect the driver as well as others.
Driving with a (BAC) "Blood alcohol concentration" level that is at the prescribed level or above it is breaking the law; therefore, a DWI/DUI will be given to the driver.
The prescribed level for "blood alcohol concentration" is 0.
8 percent (0.
08 g alcohol per 100 ml blood).
DWI/DUI OFFENDERS Law enforcement officers in every state have procedures to follow if an individual is caught driving while intoxicated or under the influence.
After asking the driver to step out of the vehicle, the officer will then ask for permission to perform different tests.
There are several tests the law enforcement officer can use to determine the individual's blood alcohol level.
TESTING The three main classifications of testing are: Blood analysis, breath analysis and urine analysis WARRANTS Every step that is taken is to prevent reckless driving.
That may be so, but every person has the right to refuse all BAC tests.
A law enforcement officer can and most likely will take the necessary steps to obtain a search warrant.
This search warrant for blood compels the suspect to give the officer permission to conduct a blood analysis test.
Q.
Is it ever okay for an officer to tell arrestees a search warrant will be obtained if they refuse to provide a sample? A.
No, because if an officer was to do so it could result in a claim of coerced consent.
Q.
What is to happen in the case that an arrestee agrees to do a breath analysis test after being told that a search warrant has been issued? A.
Once a warrant is sought after, an officer will more than likely continue to rely on the warrant.
Q.
Will the officer be the one to conduct the blood draw? A.
Under a mandatory blood draw anyone who is qualified or trained can conduct the blood test.
Under a warrant for blood the blood test is done by EMTs.
Q.
What actions (if any) will be taken against an arrestee that physically resists the blood draw? A.
Resisting a search warrant is typically a Class A misdemeanor.
Officers will use reasonable force that will not jeopardize the safety of the officer nor the arrestee.
Q.
Is it possible to obtain a search warrant by faxing the affidavit to a judge? A.
Yes, the only requirement under the Code of Criminal Procedure is that the "sworn affidavit" has to provide all the facts before turning it in to the magistrate who will then sign it.
Q.
What magistrate can sign a search warrant in a DWI case? A.
There are only two requirements.
The magistrate has to be an attorney, and the second is that the magistrate is allowed to sign evidentiary search warrants.
This law/crime was put in place to steer people away from "Driving While Intoxicated" and (or) "Driving Under the Influence".
Keeping impaired drivers off the road will surely help to protect the driver as well as others.
Driving with a (BAC) "Blood alcohol concentration" level that is at the prescribed level or above it is breaking the law; therefore, a DWI/DUI will be given to the driver.
The prescribed level for "blood alcohol concentration" is 0.
8 percent (0.
08 g alcohol per 100 ml blood).
DWI/DUI OFFENDERS Law enforcement officers in every state have procedures to follow if an individual is caught driving while intoxicated or under the influence.
After asking the driver to step out of the vehicle, the officer will then ask for permission to perform different tests.
There are several tests the law enforcement officer can use to determine the individual's blood alcohol level.
TESTING The three main classifications of testing are: Blood analysis, breath analysis and urine analysis WARRANTS Every step that is taken is to prevent reckless driving.
That may be so, but every person has the right to refuse all BAC tests.
A law enforcement officer can and most likely will take the necessary steps to obtain a search warrant.
This search warrant for blood compels the suspect to give the officer permission to conduct a blood analysis test.
Q.
Is it ever okay for an officer to tell arrestees a search warrant will be obtained if they refuse to provide a sample? A.
No, because if an officer was to do so it could result in a claim of coerced consent.
Q.
What is to happen in the case that an arrestee agrees to do a breath analysis test after being told that a search warrant has been issued? A.
Once a warrant is sought after, an officer will more than likely continue to rely on the warrant.
Q.
Will the officer be the one to conduct the blood draw? A.
Under a mandatory blood draw anyone who is qualified or trained can conduct the blood test.
Under a warrant for blood the blood test is done by EMTs.
Q.
What actions (if any) will be taken against an arrestee that physically resists the blood draw? A.
Resisting a search warrant is typically a Class A misdemeanor.
Officers will use reasonable force that will not jeopardize the safety of the officer nor the arrestee.
Q.
Is it possible to obtain a search warrant by faxing the affidavit to a judge? A.
Yes, the only requirement under the Code of Criminal Procedure is that the "sworn affidavit" has to provide all the facts before turning it in to the magistrate who will then sign it.
Q.
What magistrate can sign a search warrant in a DWI case? A.
There are only two requirements.
The magistrate has to be an attorney, and the second is that the magistrate is allowed to sign evidentiary search warrants.