Criminal Defense Resources

Can I Be Forced to Provide Physical Samples?

Working with a Fort Worth criminal defense attorney can ensure that your rights are protected. While understanding the basics of the law is important, only a professional can advise you on whether or not you should provide physical samples. At Cole Paschall Law, we can help you.

DWI Samples

If the police believe you may be guilty of driving while intoxicated, they will probably ask you for a breathalyzer, chemical, or field sobriety test. But you might not need to comply. Every state has different rules regarding breathalyzer tests. In Texas, you can refuse to provide a physical breath sample at the station or in the field. However, refusing to submit to a breath test will result in some unpleasant consequences.

Everything you do from the moment the police officer pulls you over affects your case. This refusal to provide a sample can have consequences. In accordance with Texas state laws, you can incur a 180-day suspension of your license for refusing a breathalyzer test the first time. Additionally, the court may be able to convict you of a DWI without the sample. Furthermore, you could face jail time.

In some cases, submitting to a sample is your best option. But this isn’t always the case. You could benefit from working with an attorney who can assess the situation and determine your best course of action.

Why Would You Refuse?

Some people don’t realize that they have the right to refuse to participate in roadside exercises or to refuse a breath test, but it could prevent you from being convicted of a DWI. If there is no other strong evidence against you, then the case against you may hinge on breath results. On the other hand, if you do submit to a breath test and your blood alcohol concentration is over the limit, it may be very difficult to beat your charges.

Other Physical Samples

Beyond DWI-related samples, there are other types of physical evidence that law enforcement may request during a criminal investigation. These can be DNA samples, blood draws, fingerprints, and more. Each type of sample has different legal requirements and protections.

Fingerprints

In Texas, law enforcement can take your fingerprints upon arrest without a warrant. Fingerprinting is considered a routine part of the booking process and does not require your consent. However, if you have not been arrested, police generally cannot force you to provide fingerprints without a court order.

Working With a Fort Worth Criminal Defense Attorney

Understanding your rights regarding physical evidence can be complex. If you have questions about whether you are required to provide samples or if your rights were violated during evidence collection, contact Cole Paschall Law today. Call us at (817) 477-4100 for a free consultation.