Can I Be Forced to Submit to a DWI Blood Test?

 Posted on November 15, 2021 in DWI

Texas state law is unusually lax when it comes to allowing forced blood draws in DWI cases. A variety of circumstances could allow police officers to take your blood without your consent and use the results against you in a DWI prosecution. This can leave you in serious legal jeopardy on top of feeling violated. If you have been charged with a DWI based on a failed forced blood test, you will need to work with an attorney who is experienced at challenging these tests. Even if the blood test you were made to submit to was legal in Texas, there are other ways to challenge the validity of the results.

When Is a Blood Test Mandatory in DWI Cases?

When you are suspected of a DWI, there is a chance you could be forced to submit to a blood test without your consent. This can happen if the arresting officer reasonably believes you are intoxicated and one of these circumstances exist:

• Fatalities - You caused a crash, and someone died or will die as a result.
• Serious harm - Someone was seriously hurt in a DWI accident you caused.
• Medical transport - Someone was transported to the hospital because they were hurt in an accident you caused, even if their injuries are minor.
• Community control - You are on probation, parole, or another form of community control.
• Unconsciousness - You cannot be woken up, so you may be considered to have consented.

Suspected felony DWIs can also form the basis for a forced blood draw in Texas. A DWI is a felony if one of these circumstances exists:

• Child passenger - Carrying a passenger under the age of 15 years old while intoxicated is a felony.
• Prior DWI - If you have two prior DWI convictions, the third is a felony.

This is far from a complete list of the circumstances under which Texas police can force DWI suspects to submit to a blood test. In many cases, police are able to obtain a warrant immediately, even after-hours and on weekends.

Luckily, just because the prosecution has your test results does not mean they are admissible. When it is not really clear whether a forced blood test is permissible, police officers may err on the side of performing the test in the hopes that it will go unchallenged. Even if the forced test was allowed, an experienced attorney can often challenge the validity of a blood test for reasons other than lack of consent.

Contact a Frisco DWI Blood Test Lawyer

If your blood was taken without your consent, the Law Offices of Biederman & Burleson P.L.L.C. may be able to challenge the admissibility of the results on your behalf. Our experienced Frisco DWI defense attorneys will fight to keep your blood test results out of court. Call us at 469-333-3333 to set up a free consultation.

Source:

https://statutes.capitol.texas.gov/docs/TN/htm/TN.724.htm#:~:text=PROHIBITION%20ON%20TAKING%20SPECIMEN%20IF,designated%20by%20a%20peace%20officer.