Q: Can a police officer take your pulse or blood pressure without your consent during a DRE examination for DWI?
If yes, do they need a warrant from a judge? And if you refuse, are there any penalties? I am interested in knowing what the law says in Texas, but I am curious about the laws in other states as well.
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A: This is a great question. The DRE evaluation just like the Standardized Field Sobriety Tests is voluntary. You agree to allow them to perform the evaluation. This evaluation must be done down at the station and the first step in the 12 step process is getting a sample of your breath - to rule out ethanol intoxication. You cannot force someone to blow into the Intoxilizer - or whatever your machine is in California - so a DRE evaluation is voluntary and cannot be compelled by a warrant. You cannot get a warrant to force someone to blow. The consequences? It depends on the prosecuting body. If you refuse a DRE in Texas, they will get a warrant for your blood. But proving intoxication by a drug is difficult, because expert testimony is needed to admit the results of drugs in a blood sample. Intoxication by drugs is so misunderstood by officers. There are people out there who only act "normal" because they are taking medication. But if an officer suspects you are "not normal" - whatever that means - they will go to great lengths to prove you guilty. That's why you need a DWI lawyer who knows this topic backward and forward.
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