When Blood Can be Forcibly Taken in Texas?

The underlying theory that requires Texas motorists to give a sample of their blood or breath for purposes of analyzing blood alcohol content is expressed in section 724.011 of the Texas Transportation Code. By driving on the Texas roadways, we have given our "implied consent" to submit a breath or blood sample upon request by an officer who has arrested us for Driving While Intoxicated (DWI).

We generally have the right to refuse a request to provide breath/blood test. A refusal is followed by penalties in the form of license suspensions. There are, however, situations where blood can be drawn against our will. There are two instances where this occur.

Statutory exceptions mandate an officer to forcibly retrieve a sample of our blood. When a person is arrested for DWI following an accident, blood shall be drawn in the following situations:

any individual has died or will die,
an individual other than the arrested person has suffered serious bodily injury, or
an individual other than the arrested person has suffered bodily injury and has been transported to a hospital or other medical facility for treatment

In non accident cases, blood draws are mandatory in the following circumstances:

the person is arrested for Driving While Intoxicated with a Child Passenger,
the person has two or more prior convictions, or
the person has previously been convicted of DWI Child Passenger, Intoxication Assault or Intoxication Manslaughter.

Finally, absent a statute mandating blood draws, officers can obtain a search warrant from a magistrate or judge to obtain a blood draw.

Knowing your Texas DWI Law rights is highly important, educate yourself.

Kyle Simpson - San Antonio DWI Attorney - 321 S. Flores - San Antonio, Texas 78204
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Client stopped for speeding and arrested for DWI based on poor performance on field sobriety tests. Case dismissed.
Client involved in hit and run accident. Officer observed several signs of intoxication and a poor performance on field sobriety tests. Case dismissed.
Client arrested for DWI based on field sobriety tests and breath test refusal. Case Dismissed.
Client approached at service station reading map in vehicle. Arrested for poor performance on field sobriety tests. Case dismissed.
Client stopped for expired inspection sticker. Performed extremely poor on field sobriety tests and blew a .17 BAC. Received time served for one day in county jail with no probation.
Client stopped in residential neighborhood and arrested for DWI. Officer credibility destroyed after conflicting testimony at ALR and County Court hearing. Case dismissed.
Client arrested for possession of controlled substance (cocaine) and DWI. Felony dismissed for a pre trial diversion on the DWI. DWI eventually dismissed.
Client arrested after flipping his vehicle on a country road and poor performance on field sobriety tests. Case dismissed after completing a pre trial diversion.
Client arrested for poor performance on field sobriety tests and breath test refusal. Officer unable to recall details at motion to suppress. Case dismissed at trial.
Client arrested for DWI based on anonymous witness complaint to police about erratic driving. Could not recite alphabet and performed poorly on field sobriety tests. Jury found not guilty.
Client determined to be intoxicated based on field sobriety tests. Evidence excluded due to illegal road block administered by officer. Case dismissed.
Client submitted a breath test with a .16 BAC. The officer testified that stop was initiated due to client failing to maintain a single lane. Case dismissed.
Client arrested for DWI and refused breath test. Judge found at the license hearing that officer could not articulate a valid reason for the stop. Client did not lose license.
Administrative Law Judge convinced that breath test coerced by officer. Client kept license.
Client arrested for DWI 2nd. Case reduced to Reckless Driving on day of trial.
Client arrested for DWI due to poor performance on field sobriety tests and a BAC above the legal limit. Case reduced to public intoxication.
Client, while serving probation for a DWI 1st, is arrested for DWI 2nd and Driving While License Invalid. DWI 2nd was dismissed and continued on probation for the DWI 1st and Driving While License Invalid.
Client had 4 previous DWI convictions, two misdemeanors and two felonies. Client is arrested a 5th and 6th time two months apart in separate counties. Probation is granted in both cases and run concurrent.
Client stopped for speeding and failing to maintain a single lane. Arrested after performing poorly on field sobriety tests and blows a .168 BAC. Jury found not guilty.
Client is arrested for DWI 1st. While awaiting trial is arrested a second time for DWI. Client receives time served for one DWI and has the other DWI dismissed. No probation.
Client involved in single car accident. Arrested for DWI after performing poorly on field sobriety tests and refusing a breath test. Case dismissed on day of trial after picking a jury.
Client rear ended an occupied vehicle at a red light. Arrested for a DWI 2nd after performing poorly on field sobriety tests and refusing a breath test. Case dismissed on day of trial.
Client involved in accident, charged with DWI 2nd after failing all Standardized Field Sobriety tests, received judgment satisfied with no probation.
Client pulled over for failing to maintain single lane and striking the curb. Charged with DWI 2nd after refusing to submit to the Standardized Field Sobriety tests and using profane language with the arresting officer, received judgment satisfied with no probation.
Client arrested after accident for DWI 1st. Client failed all Standardized Field Sobriety tests and provided a breath specimen of .20. Case dismissed.
Client pulled over doing 65 mph in a 40 mph zone. Client failed all Standardized Field Sobriety tests, used profanity with the officer and refused to submit a breath test specimen. Case Dismissed.
Client pulled over for failing to maintain a single lane of traffic. Client failed all Standardized Field Sobriety tests and refused to submit a breath test specimen. After successfully arguing that the client's Constitutional rights were violated during the stop, the court granted a Motion to Suppress. Case dismissed.
Client was a minor when pulled over for running a stop sign. Client was charged with a DWI 1st after failing all Standardized Field Sobriety tests. Case dismissed.
Client charged with a DWI 2nd after being pulled over for not displaying his headlights. Client failed all Standardized Field Sobriety tests and submitted a breath test specimen of a .21. Case dismissed.
Client arrested while in parking lot asleep at the wheel of a running vehicle. Client failed all Standardized Field Sobriety tests and submitted a blood specimen that showed a Blood Alcohol Concentration of .22. Officer testified at License Suspension hearing that he approached vehicle under the community caretaking exception. Administrative judge found that the officer did not have Constitutionally valid reason to initiate a detention. Client kept his license.
Client arrested for a 4th DWI while on probation for a DWI 3rd. Client submitted a blood specimen that showed a Blood Alcohol Concentration of .29 (over three times the legal limit). The client's original probation was continued after the Motion to Revoke was withdrawn. Client received probation for the 4th DWI.
Client stopped for failing to maintain a single lane of traffic. Client performed well on all Standardized Field Sobriety tests. Case dismissed.
Client involved in a rollover accident. Client failed all Standardized Field Sobriety tests and submitted a breath test specimen that showed a Blood Alcohol Concentration over the legal limit. Client received a Pre Trial Diversion. Case dismissed.

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Kyle Simpson & Charles Gold
321 S Flores St
San Antonio, TX 78204
Toll Free: 888-392-1813
Local: 210-224-4242
Fax: 210-222-1253
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Kyle Simpson and Charles Gold, of San Antonio, Texas, serve communities such as Jourdanton, New Braunfels, Pearsall, Fredericksburg, Seguin, Boerne, Kerrville, Hondo, Floresville, Comfort, San Marcos, Pleasanton and counties such as Bexar County, Atascosa County, Bandera County, Burnet County, Frio County, Gillespie County, Guadalupe County, Hays County, Kendall County, Kerr County, Medina County.

When Blood Can be Forcibly Taken in Texas?

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