When Can Texas Police Take Blood Without a Warrant?

Texas has an “implied consent” law which helps with DWI enforcement. This means that if a police officer has probable cause to arrest you for drunk driving, you are deemed to consent to a blood or breath test to confirm your blood-alcohol level. Implied consent does not mean you actually have to consent, but if you refuse, the state will automatically suspend your driver’s license for a certain period.

Ultimately, the Fourth Amendment to the United States Constitution protects your right to be free from most police searches–including the taking of blood samples–without a warrant. In 2014, the Texas Court of Criminal Appeals held that “a non-consensual search of a DWI suspect’s blood conducted” under Texas’ implied consent law is illegal “in the absence of a warrant or any applicable exception to the warrant requirement.”

Looking at the “Totality of the Circumstances”

So what exactly are the “exceptions” that justify a warrantless blood test?

One exception is for “exigent circumstances.” This is broadly defined as a situation where there is an “imminent destruction of evidence and the inability of law enforcement to obtain a warrant.” Whether the exigency exception applies requires a judge or appeals court to look at the “totality of the circumstances.”

For example, a Texas appeals court recently granted a new trial to a defendant in a DWI and intoxication manslaughter case after rejecting the prosecutor’s attempt to invoke the exigency exception.

In this case, a police officer arrived at the scene of a two-vehicle accident. The defendant was trapped inside one of the vehicles. The officer “did not initially believe [the defendant] was intoxicated,” according to court records. But after investigating the accident scene and finding an open container of alcohol and a marijuana pipe in the defendant’s vehicle, the officer felt he had probable cause to suspect the defendant of DWI.

As the defendant was being transported to the hospital for emergency medical care, the officer contacted his dispatcher and requested a blood test at the hospital. At trial, the officer conceded he had time to get a warrant but chose not to.

Prosecutors argued there were exigent circumstances because another accident victim died at the scene–making this a case of intoxication manslaughter–and the officer had reason to suspect the presence of drugs other than alcohol in the defendant’s system, which could have dissipated absent an immediate blood test.

The Texas Fourth District Court of Appeals rejected the prosecution’ arguments.

• First, the court noted the defendant himself was not severely injured, so there was little risk any medical treatment would destroy evidence of alcohol use in his system.
• Second, the officer did not actually testify that he thought the defendant had used drugs. Indeed, he did not even suspect DWI until after the defendant had left the scene to go to the hospital.

Finally, the court said there was no testimony “about what procedures, if any, were in place for obtaining a warrant when a suspect is transported to a hospital.” Indeed, the officer had time to call for a second officer to go to the hospital to take the blood test. Ergo, the court reasoned he had time to also get a warrant.

Have You Been Charged With a DWI?

Obviously, it can be difficult to assert your rights if you have just been in a serious accident and are in the hospital. This is why it is important to contact an experienced Houston DWI defense attorney who knows the law and will make sure the police respect your rights.

Call the Law Offices of Tad Nelson & Associates at 713-802-1631 today in Houston, Clear Lake, Galveston, or League City if you need immediate legal help.

Our Criminal Defense Experience is Geared Towards DWI Cases

Get To Know Attorney Tad Nelson

Attorney Tad A. Nelson

If you or a loved one were accused of drunk driving, and you’re looking to retain an experienced DWI lawyer in the Greater Houston area to represent you in Harris County, Galveston County, or surrounding counties, contact attorney Tad Nelson immediately.

SOURCE: YOUTUBE

Attorney Tad A. Nelson is a nationally known charismatic advocate of the people. As a respected attorney & legal mind, he has appeared on CNN and FOX on numerous occasions to share his opinions on the legal issues of the day.

Tad is so much more than just form; Tad’s career is built on substance. The pillars of that substance has been his thirst for knowledge and education which has led to respect gained from his colleagues, and earned from his clients.

There are numerous consequences associated with DWI convictions. You’ll need experienced professional help to beat the charge and/or to avoid the most serious criminal penalties that apply to DWI cases. Contact us or call 281-280-0100 for your case review.

Why Choose The Law Office of Tad Nelson & Associates?

A Reputation For Excellence

We are known by prosecutors as assertive DWI attorneys who fight for our clients to ensure their rights are protected and that they are treated fairly. Our aggressive approach to drunk driving & DUI cases has led to many favorable results from our clients, from dismissal of the charges to reduced charges and sentences.

A Cutting Edge Houston Attorney for DWI Cases

Houston DWI Attorney Tad A. Nelson has created a very unique 21st century law firm. Finally somebody has combined all the facets of a effect Driving While Intoxicated defense. In the past many firms would offer a keen understanding of law and order, but to complete his firm, Tad Nelson added a very important third piece; SCIENCE.

“A STRONG DWI Defense From 3 Fronts”

In DWI defense litigation, all 3 facets are equally important when it comes to defending clients charged with serious alcohol offenses. When a law firm only offers law and order they are accepting only two-thirds of their responsibility and neglecting that which is most crucial to your ultimate defense; The scientific nature of evidence as the burden of proof carried by the prosecution.

Led by firm founder & Houston DWI attorney Tad Nelson who has more than 27 years of criminal law experience, our team of dedicated DWI defense focused lawyers work hard to reach the best possible outcomes for our clients.

Although we have offices in Houston and Galveston, our main office is in League City which is where we meet most of our Clear Lake and southeast Houston clients.

Even if you think your case is impossible, we might be able to provide a reasonable solution for you. Sometimes, this can involve taking a case to trial where we’re able to articulate our arguments better and can present our case to a jury. As a former assistant district attorney in his first few years as a lawyer, Mr. Nelson provides our team with insights into how to effectively defend our clients against strategies used by prosecuting attorneys in Harris County, Galveston County, and in surrounding jurisdictions.

We May Be Able To Save Your Texas Drivers License!

Once you’re arrested for DWI in Houston the State of Texas will motion to administratively suspend your Texas Driver License in an ALR hearing. If you’re interested in fighting to secure your driving privileges please keep in mind that we’ll only have 15 days from the day of your arrest to request a hearing to fight for your license.

Free DWI Case Review

Atty. Tad Nelson will personally review your case. GET STARTED

Texas Drivers’ Rights!

You Can’t Beat The Ride, But We Can Beat The Charge! GET STARTED

Your Local Houston ACS/CHAL Lawyer-Scientist

We pride ourselves on being accessible, responsive and, above all else, honest. We will give you a straightforward assessment of your situation, and we’ll always keep you up to date on the progress of your case.

You’ll Need A Lawyer That Understands DWI Law, THE SCIENCE, & You!

Masters in Forensic Science

Tad’s hands-on experience in the lab earned Tad the designation of Lawyer-Scientist from the American Chemical Society. At the time, Tad was the 1st in Texas and 4th in the U.S. to receive this outstanding honor. Tad graduated with his Masters in Forensic Science in 2015.

Board Certified® in Criminal Law

Tad earned his Board Certification® in criminal law from the Texas Board of Legal Specialization (Learn More) in 1996 awarding him the distinction of being one of a small percentage of practicing DWI attorneys in Greater Houston who hold such credentials.

THE SCIENCE IS ALL THAT MATTERS!

Alcohol & You

Avoiding DWI Arrests

Learn about avoiding arrest for DWI in Houston, dealing with police during DWI sweeps, and your rights! 

Alcohol Awareness

Our alcohol awareness section includes info related to alcohol & your health, a working BAC Calculator, and more!

Understanding The Legal Climate in Texas

Texas DWI Overview

DWI offenses in the state of Texas can fall under a number of different categories, for a number of different reasons, each of which, have their own delicate set of circumstances. In the Texas DWI Overview section of our website you’ll be able to review information related to serious DWI offenses involving loss of human life, womens’ issues, and more.

If you’re serious about fighting the state’s claim that you were operating a motor vehicle while allegedly intoxicated, few are better suited and best qualified to fight the charge than the Houston DWI attorneys of the Law Offices of Tad Nelson & Associates. Whether you were arrested in Clear Lake, Galveston, or League City, we have nearby offices and invite you to reach to us by calling 281-280-0100.

Frequently Asked Questions

• What are my legal options if I’m charged with DWI in Houston?

  If you’re arrested for drunk driving, we have at least 3 options for dealing with the charge within the confines of Texas law. We can attempt to get the case dismissed, work out a deal with the Harris County Dist. Atty’s Office, or we can fight the charge, head-on, in a full-blown trial.

• Is it possible to beat a Houston DWI charge in Harris County?

  Absolutely. The Law Offices of Tad Nelson & Associates wields a distinctive set of credentials, training, and is an asset to anyone facing criminal charges related to DWI in Houston. Although every case is different, we also have a solid record of winning in court for our clients.

• Can I avoid jail time if I’m convicted for drunk driving?

  In short, yes. In reality, there are a number of different factors involved in each and every case we’ve seen in our experience as Houston DWI attorneys. Probation is usually a possibility for most persons that are convicted of DWI in Houston. However, there are no guarantees.

• How much jail time can I get if I’m convicted of DWI?

  A determination on jail sentencing is the sole priority of the court within the guidelines of Texas criminal law. Depending on the frequency of DWI offenses incurred by the defendant, and the severity of additional factors, a jail sentence could be as short as a few days, to life.

• Can you help with truck driver DWI cases involving a CDL?

  As a matter of fact we can. The Law Offices of Tad Nelson & Associates is among the premier law firms in Texas for DWI defense. Both lawyers on our Houston DWI defense team are Certified ACS/CHAL Lawyer-Scientists, with Tad Nelson holding a Board Certification.

• Will I lose my Texas Drivers’ License if I’m charged with DWI?

  In Texas, if you’re arrested for DWI or DUI, the process of Administrative License Revocation is initiated for the purpose of automatically suspending your Texas Drivers’ License. Houston DWI lawyer Tad A. Nelson may be able to intervene, and prevent TDL suspension.

Entries From Our Blog

• Lose Your Texas Driver License for a DWI in Another State?
  Many Texans drive out of state to meet family or friends, or they rent a vehicle while on vacation. Did you know that if you are arrested for DWI in a different state then you can suffer penalties back home in Texas? It’s true. Texas and 45 other states have joined the Driver License Compact
• HGN: Field Sobriety Testing
  Horizontal gaze nystagmus, or HGN, is a medical term for involuntary jerking of the eye. The human eye normally moves smoothly like a marble on glass, however nystagmus would look like a marble on sand paper. Of course, because it is involuntary, the subject exhibiting the nystagmus is unaware that it is happening and it
• Open Container of Four Loko Leads to Conviction of Ft Worth Man
  An open container of alcohol in a car is a red flag for a police officer. And with good reason. It is a misdemeanor under Texas law to have an open container in the passenger area of a car, regardless of whether or not the driver is legally intoxicated. Of course, where there is an
• Telephone Tips Vs. Drunk Drivers: Is it legal?
  Many Houston DWI arrests begin with a call to 911 or the Department of Public Safety’s motorists helpline. A driver notices another car is making wide turns, swerving across the road, or even driving off the road entirely. The astute driver suspects there may be a drunk driver at the wheel, so she pulls over
• Requirements for a DWI in Texas
  Drunk driving is a serious offense. But you may not be clear about what exactly constitutes drunk driving – or “driving while intoxicated,” as it’s called in the Texas Penal Code – and how you can avoid or defend yourself against a DWI charge. Here is a brief guide to understanding the law in Texas. What Constitutes
• Can I Be Charged with an Open Container Violation as a Passenger?
  Motorists in Texas are prohibited from possessing an open container of alcohol, not only while driving but also while parked or stopped, as long as the vehicle is located on a public road. Although many people don’t realize it, this prohibition applies to anyone who is sitting in a passenger area, even if they never
• Will I Be Punished More Severely for DWI With a Prior Conviction?
  A drunk driving charge is not a minor matter. Texas law classifies a first-time DWI offense as a Class B misdemeanor. If convicted, this means a defendant faces a minimum jail term of 72 hours and a maximum fine of $2,000. However, if the defendant has already been convicted once before of drunk driving, the

Contact Our DWI Defense Team

• Houston, TX

  If you’re interested in meeting with us at our Houston office location, the map, phone number and driving directions are below. Thank you from The Law Offices of Tad Nelson & Associates.

  The Law Office of Tad Nelson & Associates • 1221 Studewood St • Houston, TX 77008
  PHONE: 713-802-1631

• Galveston, TX

  If you’re interested in meeting with us at our Galveston office location, the map, phone number and driving directions are below. Thank you from The Law Offices of Tad Nelson & Associates.

  The Law Office of Tad Nelson & Associates • 511 59th St • Galveston, TX 77551
  PHONE: 409-765-5614

• League City, TX

  If you’re interested in meeting with us at our League City office location, the map, phone number and driving directions are below. Thank you from The Law Offices of Tad Nelson & Associates.

  The Law Office of Tad Nelson & Associates • 820 E Main St • League City, TX 77573
  PHONE: 281-280-0100