Does Texas law require you to submit to a blood test for DWI?

On Behalf of | Jan 13, 2020 | DWI

Whether they work at one of Texas’s many oil fields, in the ranching industry or in the construction industry, it is undeniable that people in Longview have a strong work ethic. Their jobs are a source of pride, identity and of course, income. So, anything that might threaten their job security is something to take seriously.

One thing that could affect a person’s ability to work is a DWI. After all, a DWI conviction could result in the loss of one’s driver’s license or the loss of a professional license, two things that could threaten a person’s job security.

Workers might be tempted, if pulled over on suspicion of DWI, to refuse to submit to a breath test. It is at this point that police might want to take a blood draw to determine the worker’s blood-alcohol concentration. However, can a person refuse a blood draw as well?

While a motorist can refuse a BAC test, if police obtain a search warrant for a BAC test, that warrant cannot be refused. In Texas, this means police who obtain a warrant can take a blood sample, even if the motorist does not want them to. And these days, police are often able to obtain an electronic warrant from an on-call judge using a smartphone or computer, erasing the problem of the time delays that police used to experience when they had to go to court or a judge’s home to obtain a paper warrant.

If a motorist refuses a BAC test for which the police have a warrant, that motorist could be held in contempt of court. This is in addition to license suspension and other penalties associated with the violation of “implied consent” laws. Thus, it is important that motorists who are tempted to refuse a breath test or blood draw to consider the consequences of doing so.

FindLaw Network