What happens if I refuse to take a blood test?

On Behalf of | Apr 29, 2022 | DWI

If the police pull you over and arrest you on suspicion of impaired driving in Texas, they will probably ask for a blood sample for chemical testing. 

This can help them affirm their suspicion that a driver is intoxicated by drugs or alcohol. Naturally, it also helps the prosecution prove their case against the defendant, later.

Refusing to take this test can result in severe administrative penalties, including the loss of your license and fines.

What you should know about blood tests in Texas DWI cases

In Texas, refusing to take a blood test can result in a license suspension. The state uses an implied consent law, which means that by driving on Texas roads, motorists are giving their consent to submit to a chemical test if arrested for driving while intoxicated (DWI). 

Furthermore, HB 558, also known as Coltons Law” states that a drivers blood must be tested if they are involved in an accident resulting in the severe injury or death of a pedestrian.

In many cases, refusal to submit to a blood test voluntarily will simply force the arresting officer to get a warrant for the biological sample, or they may be authorized under Colton’s Law to obtain the sample by force, if necessary. 

Although the refusal of a blood test in Texas may have some consequences, it is essential to remember that you are still innocent until proven guilty. If you have been arrested and charged with a DWI, you will want to speak with someone who can help you navigate through the legal system and protect your rights.

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