3 Things to Know Now
- Never physically resist a police officer who tells you he is going to draw your blood against your will.
- The police can obtain a sample of your blood or urine against your will in certain circumstances.
- The No Refusal Weekend policy does not apply to an accident where someone who is not the driver is injured and requires transportation to the hospital, or a felony DWI arrest. But, the officer may apply for a warrant in these cases at his discretion.
If you are involved in an accident in the State of Texas, and someone other than the driver is injured AND requires transportation to the hospital, the police are allowed to obtain a blood sample from you without your consent and without a warrant. The No Refusal Weekend policy is not implicated in this because state law allows the officer to obtain the blood without a warrant.
If you are arrested for any alcohol related felony in the State of Texas and you refuse to provide a sample of your breath or blood, the officer may obtain a sample of your blood without your consent and without a warrant. This situation, like the injury accident situation, does not implicate the No Refusal Weekend policy since it is permitted by state law.
What to do in a forced blood draw
If the police tell you they are going to take your blood without your consent DO NOT RESIST. Resisting the police in this case will increase the chance you could be injured, and may result in additional charges against you.
If the police did not have the legal right to take your blood against your will, then we can fight the admissibility of the results from that blood sample in court.
The police should have better training than you in which situations they may forcibly take your blood from you. If they make a mistake, then you will likely have legal options on what to do about this assault against your person. If you resist or fight the officer your legal options dwindle.
Courts and society do not like it when police officers are assaulted or struggled with in the performance of their duties. Even if you believe you are in the right, you fight a losing battle against a police officer set on drawing your blood.
When you are released from jail it is not a bad idea to seek medical treatment if you have any sort of infection or reaction after the police have taken your blood. Your health is important, and if your health has been jeopardized by unsterilized or improper medical treatment, you need to seek the advice of your private physician.
If you need to discuss the matter with an experienced Texas criminal-law attorney, contact The Law Offices of Tad Nelson & Associates immediately at 281-280-0100.