A person in Texas who has been stopped for suspicion of Driving While Intoxicated (DWI) is often asked to provide a specimen to check their blood alcohol content. The test may be a vapor test, breathalyzer or a blood sample test. The Statute states that a specimen may not be taken if refused by the suspect. Refusal will cause the suspects Texas Drivers License to be automatically suspended for not less than 180 days. After a refusal, the officer will generally be required to obtain a warrant to take a blood sample. In Texas is there now precedent that the suspect’s blood may be drawn without a warrant. .). The Court determined that to be valid, such a warrantless search must (1) Be supported by probable cause, (2) occur in the presence of exigent circumstances, in which the delay necessary to obtain a warrant would result in the destruction of evidence, (3) Employ a reasonable test, and (4) Be executed in a reasonable manner. If you have been arrested for a DWI and the specimen was taken without your consent make sure to consult with a Texas attorney familiar with these issues. Daniel L Morris, The Morris Law Firm, 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782. info@themorrisfirm.net


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