Blood Warrants in Texas

[autozen]

What is the name of your state (only U.S. law)?
texas
Do they violate Texas law,the Bill of Rights, and the Texas Constitution? Making this practice inadmisable in court?What is the name of your state (only U.S. law)?

 

[FlyingRon]

They are not against the US constitution. The extraction of blood, DNA, and other physical evidence is not "testimony" and has never been federally barred. The DUI defense lawyer would have you believe it is a violation of 724.013 in many circumstances. However, that statute covers the police obtaining the blood draw without warrant. The blood warrant is just the same as any other search warrant as far as the courts (so far) is concerned.
The restrictions in 724.013 (and it's exception in 012(g)) do not apply.

 

[CavemanLawyer]

There is actually a Tx. Appellate Court case that ruled that a forced blood draw is a less invasive than searching your house. If the warrant is supported by adequate probable cause, than blood warrants are very well established in Tx.

Many counties use blood warrants for all DWI arrests where the person refuses. Many more use them on felony DWI arrests. And of course Tx. statute authorizes forced blood draws even without a warrant in cases involving death.