DWI BREATH AND BLOOD TESTS
Law enforcement is allowed to collect a blood specimen from a driver in any DWI when the driver refuses to submit to a breath or blood alcohol test and the officer obtains a search warrant from a judge to take blood. The police also have the authority to take blood without a warrant if you are arrested for DWI, you refuse to voluntarily take a breath or blood test, you caused an accident, and any individual died or suffered serious bodily injury.
Senate Bill 338 expands that authority by allowing the police to forcibly take blood without a warrant when a person other than the driver suffers bodily injury (which includes just a complaint of pain) as a direct result of an accident and the injured person has been transported to a hospital or medical facility for medical treatment. Read More
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