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 warrant-less 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.
The Morris Firm, firstname.lastname@example.org, (214)357-1782