TEXAS DWI TAKING A SPECIMEN

Standard

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, info@themorrisfirm.net, (214)357-1782

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