Blood testing for DWI has become more and more popular all over Texas, and especially in Houston. Many cities, Houston included, now have what they call no-refusal weekends. Any experienced DWI lawyer will tell you that in Houston, every weekend is a no-refusal weekend. This means that if you are arrested on a weekend, the officer arresting you will seek and obtain an evidentiary search warrant to have your blood drawn in the event that you refuse to blow and provide a specimen of your breath or blood.
In such instances, you will be taken a hospital and once the search warrant is signed and faxed over to the hospital, a nurse, or any qualified medical personnel as defined by the Texas Transportation Code, will draw your blood in accordance with the signed search warrant. This can often times take hours after the time of your arrest.
The Texas legislature also enacted what they call “mandatory blood draws”, whereby they could bypass the warrant requirement and have your blood drawn anyway for certain DWI cases.
In you were arrested for any of the following DWIs, you currently fall under the mandatory blood draw category.
- DWI resulting in an accident (someone taken to hospital)
- DWI with Child Passenger
- Felony DWI (DWI 3rd or more)
- Intoxication Assault
- Intoxication Manslaughter
- SCOTUS – McNeely Opinion Impact
Call my firm today, and talk to our top rated DWI Lawyer. As a top rated personal injury lawyer who has practiced criminal law in the past I know its important to only recommend the best criminal law attorney to my personal injury clients in their time of need. Know your rights and protect them. Houston personal injury lawyer Jerome O. Fjeld, PLLC has served injury victims in Texas for nearly two decades. Our firm’s primary office is in Houston, TX with offices in Austin and Victoria. Our firm’s focus is personal injury and we help victims when someone is injured by the negligence or carelessness of another in the following types of cases: