After you are arrested on a DWI charge, there are a couple of things that will happen next. One, before you go to the jail, you are asked whether or not you want to take a breath test, or if you are going to take a blood test. If you say no to the breath test in San Antonio and in surrounding counties, they are going to get a warrant for a blood draw. If you say no to a breath test you are forcing the police to take the following steps:
1) Draw up an affidavit describing why they think you are intoxicated
2) Convince a Magistrate to sign a search warrant giving them authority to draw your blood
3) Wait for a Registered Nurse, or another authorized person, to become available to draw your blood
The above process can take hours. The longer the process takes the less relevant the result of the test is to whether or not you were intoxicated at the time that you were driving. The length of time it takes is one of the inherent advantages of a blood test over a breath test.
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