Prior to 2014, police in Texas had the right to take a blood sample form a suspected drunk driver without a warrant. However, a landmark case decided by the Texas Court of Criminal Appeals made such actions illegal. As of now, if a person refuses a blood test, police are required to obtain an arrest warrant before they can draw blood that is to be tested for traces of alcohol.
Unfortunately, refusing a test can still be problematic for some people who are accused of driving under the influence. Texas is a state that adheres to an implied consent law. This means that drivers who choose to travel on roads in Texas are deemed to have consented to a blood or breath test. Not complying with police who attempt to administer a blood or breathalyzer test can result in your license being revoked or suspended for a certain period of time.
Mandatory Blood Draw Statute
The mandatory blood draw statute allows for exceptions to a person’s right to refuse a testing sample. Under this statute, a police officer can take a testing sample from a conscious person in the following situations:
- A person has died or will die as the result of a DWI accident
- A person other than the suspect suffers significant bodily injury
- A person other than the suspect suffers bodily injury and has to be transported to a hospital or other medical facility for treatment
A person must also submit to mandatory breath or blood test if they have been charged with the following:
- 2 Previous DWIs
- DWI with Child Passenger
- Intoxication Assault
- Intoxication Manslaughter
Do you have more questions about blood testing laws in the state of Texas? Contact our College Station DUI Attorneys to learn how we can help you today.