When Can Blood be Forcibly Taken in Texas?

Kyle Simpson • November 16, 2023

When Can Blood 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.

By Karina Alvarez August 1, 2024
Gun ownership and use are heavily regulated in Texas, and facing gun charges can be a daunting and stressful experience. The consequences of a conviction can include significant fines, imprisonment, and a permanent criminal record. If you are facing gun charges, it’s crucial to have an experienced attorney by your side to protect your rights and provide effective legal representation. At Kyle C. Simpson, Attorney At Law, we specialize in defending clients against gun-related charges in Texas. Here’s how a gun charges attorney can help you.  1. Understanding Texas Gun Laws Texas has specific laws and regulations regarding gun ownership, carrying, and use. An experienced gun charges attorney understands these laws and can explain how they apply to your case. They can help you understand the charges against you, the potential penalties, and the legal defenses available. 2. Evaluating Your Case An attorney can thoroughly evaluate your case, examining the evidence, police reports, and witness statements. They can identify any weaknesses in the prosecution’s case and determine the best strategy for your defense. This evaluation is crucial for building a strong defense and protecting your rights. 3. Protecting Your Constitutional Rights Facing gun charges often involves complex constitutional issues, such as the Second Amendment right to bear arms and the Fourth Amendment protection against unreasonable searches and seizures. An attorney can ensure that your constitutional rights are protected throughout the legal process. They can challenge any evidence obtained through illegal searches or other violations of your rights. 4. Developing a Strong Defense Strategy A skilled attorney can develop a tailored defense strategy based on the specifics of your case. This may involve challenging the legality of the search and seizure, disputing the evidence, demonstrating that the firearm was lawfully owned and carried, or arguing that you acted in self-defense. Your attorney will explore all possible defenses to achieve the best possible outcome. 5. Negotiating with Prosecutors In some cases, negotiating a plea deal with the prosecution may be in your best interest. An experienced attorney can negotiate on your behalf, seeking to reduce the charges or penalties. They can ensure that you fully understand the implications of any plea agreement and help you make an informed decision. 6. Representing You in Court If your case goes to trial, having a skilled attorney represent you in court is essential. An attorney can present your defense, cross-examine witnesses, and argue on your behalf. Their courtroom experience and knowledge of legal procedures can significantly enhance your chances of a favorable verdict. 7. Providing Emotional Support Facing gun charges can be a highly stressful and emotional experience. An attorney can provide not only legal support but also emotional support, helping you navigate this challenging time with confidence and peace of mind. Knowing that a professional is handling your case allows you to focus on your personal well-being. 8. Ensuring Fair Treatment Throughout the legal process, it is crucial to ensure that you are treated fairly and justly. An attorney can advocate for your rights, ensuring that you receive fair treatment from law enforcement, prosecutors, and the court. They can also address any biases or injustices that may arise during your case. Benefits of Hiring a Gun Charges Attorney Hiring a gun charges attorney offers several advantages: Expert Legal Knowledge: An attorney with experience in gun charges understands the intricacies of Texas gun laws and can provide expert advice tailored to your situation. Thorough Case Management: An attorney can handle all aspects of your case, from investigating the charges to negotiating with prosecutors and representing you in court. Effective Negotiation: An attorney can negotiate with the prosecution on your behalf, seeking favorable plea deals or reduced charges. Peace of Mind: Knowing that a professional is handling your case allows you to focus on your well-being, confident that your legal matters are being addressed. At Kyle C. Simpson, Attorney At Law, we are dedicated to providing exceptional legal representation for clients facing gun charges in Texas. Our team of experienced attorneys will work tirelessly to protect your rights and achieve the best possible outcome for your case.
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Facing a Felony DWI charge in Texas can have severe legal consequences, including substantial fines, long-term imprisonment, and a permanent criminal record. This blog post from Kyle C. Simpson, Attorney At Law discusses the critical moments when hiring an attorney for Felony DWI becomes essential. Learn about the complexities of DWI cases, the benefits of professional legal representation, and how our firm can help protect your rights and future.
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