Under Wyoming law, officers can ask a judge to sign a search warrant for a defendant’s blood if they refuse a breath test.

A paragraph in the search warrant presented to Garza in December 2018 reads:

“You are hereby authorized and ordered, in the name of the state of Wyoming … to obtain and remove the above-named defendant’s blood, breath or urine, at the choice of the law enforcement agency executing this warrant,” the warrant states in part.

Garza was charged with interference after refusing the blood draw. He was also charged on suspicion of driving drunk.

A jury later found him guilty of interference. Because he refused the breath and blood tests there was no physical evidence to prove he was driving drunk.

Some defense attorneys say it’s not fair to expect a layperson to understand the process because suspects have a right to refuse the portable breath test in a DUI stop. They also have the right to initially refuse the blood test.

But the Wyoming Supreme Court said that in Garza’s case the deputy clearly explained that he would be charged with an extra crime if he refused the warrant.