Comanche, TX Criminal Defense Law Firms & Lawyers

You should refuse to talk with the police and specifically request an attorney. Do not say anything except I want an attorney. There are no charges yet, so you cannot turn yourself in. There may never be charges, especially if you say nothing. The cops probably want to threaten you with charges so that they can find out your supplier or to use you to buy drugs to get others in trouble. Call their bluff. It sounds to me like they have little proof of possession and/or use. These charges can be reduced to misdemeanors with probation. Do not let the cops scare you.

Forced blood draws following a traffic stop are allowed in some states when the police believe the driver is intoxicated and he or she refuses to take a test. In some of these states, a search warrant is required. In others, warrants are not required either under the theory that driving under the influence is inherently dangerous and creates an emergency situation requiring immediate action to determine if the person is in fact intoxicated, or because by law, drivers are deemed to have consented to such testing. (Most if not all states have "implied consent" laws, under which any person who drives a vehicle within the state is considered to have given consent to a chemical, blood, breath or urine test to determine the presence of alcohol or drugs.) Generally, a forced blood draw requires the police to have probable cause to believe a suspect is driving under the influence and a search warrant or a recognized exception to the warrant requirement, such as exigent circumstances or consent. In addition, the method of blood testing employed must be reasonable and the test must be performed in a reasonable manner. The issue of reasonableness seems to be one providing a fertile ground for legal challenges. Opinions diverge on whether the taking of blood by police officers, even those trained to do so, instead of by medical personnel, is reasonable. Similarly, it is not universally accepted that taking blood at a police station or at the scene of a traffic stop, as opposed to at a hospital or in another medical environment, is reasonable. There have been strong objections to both, since police officers are not medical professionals, even after they receive training, and the police station is not a sanitary environment. In Texas, where you are from, statutes grant police the authority to require forced blood draws in certain circumstances, such as a when suspect is arrested for suspicion of drunk driving and a traffic accident with injuries has occurred. Recently, police in some Texas counties have expanded the practice to general DUI stops where no accident occurs. However, in one case, a Texas appeals court invalidated a forced blood test where the police failed to ask the suspect about her general medical history and then failed to follow up on her condition, finding the suspect was subjected to an unjustified risk of medical harm. Since the law and practices seem to vary from county to county in Texas, your best bet is to consult with a criminal defense attorney experienced in the driving laws of the county where you were stopped. He or she can provide you with advice specific to the facts and circumstances of your case.