Blood Tests in Texas are becoming easier
An arrest for DWI can lead to a mandatory blood draw by police. However, the police have always needed a search warrant to draw blood involuntarily in a Texas DWI case until now. The Legislature is now going to let the police take your blood without a warrant and without your consent in the following cases:
- If there is bodily injury by anyone other than the DWI suspect;
- If the person arrested for DWI has a child in the vehicle under 15 years of age;
- If the suspect has 2 or more DWI convictions in the past; or
- If the suspect has prviously been convicted of Intoxication Manslaughter or Intoxication Assault.
As a Houston DWI Lawyer, I think it is a shame to allow the police to bypass the warrant requirement and allow the police to forcibly draw your blood. Most of the Houston DWI Attorneys I know feel that these new laws invade on our Constitutional rights to remain free from unreasonable searches and seizures.
Dane Johnson
Board Certified - Criminal Law