Can Police Force You to Take a Blood Test After a DWI Arrest in Texas?

Drivers arrested for DWI in Texas are frequently asked to provide a blood specimen. Some consent, while others refuse because they are concerned about the procedure or do not understand their rights. Refusing a blood test does not necessarily prevent police from obtaining a sample, but officers must comply with applicable legal requirements. The circumstances surrounding the collection can become an important issue in a DWI defense. At The Law Office of Alex Tyra, P.C., we review whether blood evidence was obtained lawfully and handled properly.

Texas Implied Consent and Blood Testing

Texas Transportation Code Chapter 724 addresses implied consent and the consequences of refusing certain intoxication tests. Under § 724.011, a person arrested for an offense arising from acts allegedly committed while operating a motor vehicle in a public place while intoxicated is deemed to have consented to the taking of a qualifying specimen, subject to the chapter’s requirements.

However, implied consent does not eliminate constitutional protections against unreasonable searches. Police may obtain a warrant authorizing a blood draw when legally justified, and certain statutory circumstances may permit or require additional procedures.

The legality of a nonconsensual blood draw depends on the particular facts and governing constitutional law.

Challenging the Blood Draw

We examine whether officers obtained a valid warrant, whether the warrant was supported by probable cause, and whether the collection remained within its authorized scope.

We also consider who drew the blood, where it was collected, and whether the procedure complied with Texas Transportation Code § 724.017 and other applicable requirements.

A lawful collection procedure is only one part of the analysis. Blood evidence must also be properly identified, preserved, transported, and tested.

Laboratory Results Are Not Beyond Challenge

Laboratory testing may raise questions about sample identification, contamination, analytical methods, or recordkeeping. We review available documentation to determine whether the reported result is adequately supported.

Call The Law Office of Alex Tyra, P.C. for Your Free Consultation

If police obtained your blood after a DWI arrest in Longview or East Texas, we can review the legality of the collection and the reliability of the evidence. Call (903) 753-7499 for your free consultation with The Law Office of Alex Tyra, P.C.