Years ago, almost everyone agreed that if you were stopped by police for DWI, the best advice was DoNotBlow into a breathalyzer. Why? Blowing into that machine is giving away evidence to prosecutors that would only be used against you. By not blowing, you make the state’s job more difficult by removing a piece of evidence they would use against you.
If you refuse to blow into a breathalyzer machine the officer may request to test your blood. In years past, it took a lot of time to get a warrant to conduct the procedure. That’s favorable for anyone facing drunk driving charges.
Then things changed. Houston got tougher on drinking and driving. Harris county streamlined the process for requesting warrants and made getting a warrant for blood test much quicker and efficient for anyone who refused to blow into a breathalyzer. Attorneys began to change their opinions on if a person should blow or DoNotBlow because blood tests were more complicated to fight.
Blood tests are seen to be more reliable, accurate and favorable evidence to juries. Some attorneys recommended blowing in to the breathalyzer to avoid the blood tests. Our motto has always been DoNotBlow for a reason. DoNotBlow becomes critical advice because no matter what you never want to freely give evidence.
Harris County has now cut back on the use of warrants for blood tests. The science of blood draws themselves can be attacked and crime labs have come under fire for issues with mistakes, errors and contamination. Junk science is happening in crime labs all across Texas every day, so DoNotBlow is more valid than ever.
The bottom line is education is critical. Weigh the pros and cons of each choice. Ultimately, it is your decision on whether to blow or DoNotBlow.