Court: Texas Warrantless DWI Blood Draws Unconstitutional

Category: Fourth Amendment

Updated: Wednesday, November 26 2014, 07:33 PM CST

A new rule in Texas will stop a warrantless search of a DWI suspect's blood. The Texas Court of Criminal Appeals says the move violates the Fourth Amendment.

"We hold that a nonconsensual search of a DWI suspect's blood conducted pursuant to the mandatory-blood draw and implied-consent provisions in the Transportation Code, when undertaken in the absence of a warrant or any applicable exception to the warrant requirement, violates the Fourth Amendment," the court said in its decision released Wednesday.

This shouldn't impact Austin's "no refusal" blood draws during DWI crackdowns because those blood draws are done with a warrant by having a judge present.

CLICK HERE to read the court's decision.

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Court: Texas Warrantless DWI Blood Draws Unconstitutional

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November 27th, 2014
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