DWI BREATH AND BLOOD TESTS
Law enforcement is allowed to collect a blood specimen from a driver in any DWI when the driver refuses to submit to a breath or blood alcohol test and the officer obtains a search warrant from a judge to take blood. The police also have the authority to take blood without a warrant if you are arrested for DWI, you refuse to voluntarily take a breath or blood test, you caused an accident, and any individual died or suffered serious bodily injury.
Senate Bill 338 expands that authority by allowing the police to forcibly take blood without a warrant when a person other than the driver suffers bodily injury (which includes just a complaint of pain) as a direct result of an accident and the injured person has been transported to a hospital or medical facility for medical treatment.
Law Enforcement shall also forcibly take blood in a DWI without a search warrant if:
• There is a child under the age of 15 in the car;
• The driver has a prior conviction for DWI with a child passenger;
• The driver has a prior conviction for Intoxication Assault or Intoxication Manslaughter; or
• The driver has two or more prior convictions for DWI, Flying While Intoxicated, Boating While Intoxicated, or Operating an Amusement Ride While Intoxicated.
The new law also requires the Police to obtain a sample of your blood on any felony DWI or Boating While Intoxicated arrest.
Note: Throughout Texas the police have instituted what they call “No Refusal Weekends.” During these weekends, if a driver refuses a breath test, the police will obtain a warrant to take blood without consent. This applies even to first time DWI drivers.
KNOW YOUR RIGHTS: If the police take your breath or blood, the law allows you to request to have a physician or nurse take an additional specimen of your blood for later testing. Make sure the request is made on video or in writing and do not sign anything unless your request and the time it was made is recorded. The police are supposed to allow you a reasonable opportunity to contact such individual for the independent test.
Senate Bill 338 expands that authority by allowing the police to forcibly take blood without a warrant when a person other than the driver suffers bodily injury (which includes just a complaint of pain) as a direct result of an accident and the injured person has been transported to a hospital or medical facility for medical treatment.
Law Enforcement shall also forcibly take blood in a DWI without a search warrant if:
• There is a child under the age of 15 in the car;
• The driver has a prior conviction for DWI with a child passenger;
• The driver has a prior conviction for Intoxication Assault or Intoxication Manslaughter; or
• The driver has two or more prior convictions for DWI, Flying While Intoxicated, Boating While Intoxicated, or Operating an Amusement Ride While Intoxicated.
The new law also requires the Police to obtain a sample of your blood on any felony DWI or Boating While Intoxicated arrest.
Note: Throughout Texas the police have instituted what they call “No Refusal Weekends.” During these weekends, if a driver refuses a breath test, the police will obtain a warrant to take blood without consent. This applies even to first time DWI drivers.
KNOW YOUR RIGHTS: If the police take your breath or blood, the law allows you to request to have a physician or nurse take an additional specimen of your blood for later testing. Make sure the request is made on video or in writing and do not sign anything unless your request and the time it was made is recorded. The police are supposed to allow you a reasonable opportunity to contact such individual for the independent test.
Labels: DWI BREATH AND BLOOD TESTS
posted by DAVID B. FRANK, ATTORNEY at 1:23 PM
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