# Blood Test Refusal May Lead to a Warrant | TadLaw

**Table of Contents***[*Expand*]*

1. When You Refuse a Blood Test
2. Warrant Required for Police Blood Draw
3. Consequences of Failure to Consent
4. Contact Your Houston DWI Lawyer Today
5. The Law Office of Tad Nelson & Associates

Like many states, Texas has an implied consent law in effect. This law states that when you obtain a Texas driver’s license, you implicitly consent to having a breath test or blood draw when requested by law enforcement officials during a suspected DWI stop. [Texas Transportation Code § 724.011](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.724.htm/) sets forth the details about the Texas implied consent law.

## When You Refuse a Blood Test

Texas law does give you the [right to refuse a blood test](https://tadlaw.com/resources/texas-dwi-resources/challenging-blood-and-breath-tests/) when asked to do so by a law enforcement official. Nonetheless, there are certain circumstances in which you can be compelled to give a blood specimen.

Under Texas Transportation Code § 724.012(b), a police officer can require a blood test if he or she arrests you for a violation of Chapter 49 of the Texas Penal Code, which includes the operation of a motor vehicle or watercraft. An officer also can compel a blood test if you were involved in an accident that was caused by an offense under Chapter 49, and the officer reasonably believes that as a direct result of the accident:

- An individual has died or will die,
- An individual other than you has suffered serious bodily injury, and
- You refuse to voluntarily take a blood test.

Under these grounds, then, you have no right to refuse a blood test if you are asked to take one by a law enforcement official.

## Warrant Required for Police Blood Draw

Despite the Texas implied consent law, however, you do have the right to refuse a blood test until the officer produces a valid search warrant, signed by a judge. Once the officer produces the warrant, however, you must have your blood drawn in order to measure your blood alcohol content (BAC), whether you like it or not. A blood draw also will detect the presence of drugs in your system, whether they are legal or illegal drugs. If a law enforcement official reasonably believes that you are impaired, he or she is likely to seek a warrant that will require you to give a blood specimen for testing purposes.

For a free legal consultation, call [(281) 280-0100](tel:+12812800100) today

## Consequences of Failure to Consent

Refusing to consent to a blood test is usually not helpful to the outcome of your criminal case. First, if the law enforcement official gets a warrant to compel a blood test, you will have no choice but to submit to the test. Second, there are mandatory driver’s license suspension periods that apply if you refuse to take a test as requested. A first refusal carries a 180-day suspension, and second or third refusal carries a two-year suspension.

## Contact Your Houston DWI Lawyer Today

![Houston DWI Attorney Tad Nelson](https://thenelsonfirm.com/wp-content/uploads/2013/07/sidebar_tad-150x150.jpg)There are many defenses to DUI charges, even where a blood test has been performed. However, in order to make use of these defenses, you should immediately [contact the Law Offices of Tad Nelson & Associates](https://tadlaw.com/contact-us/), who can help you mount a strong defense to the charges that you are facing.

Whether you live in Clear Lake, Galveston, League City, or Houston, our legal team will help you.

## The Law Office of Tad Nelson & Associates

### Houston • Clear Lake • Galveston • League City

Call or text [(281) 280-0100](tel:+12812800100) or fill out our [Free Case Evaluation Form](https://tadlaw.com/contact-us/) to get started

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Source: https://tadlaw.com/faqs/blood-test-refusal-may-lead-to-a-warrant/