DUI Blood Testing Varies Among the States

No excuses indeed. A Texas state law allows law enforcement to detain drunk drivers and take a blood test when they have probable cause and the driver refuses to ‘volunteer’ other evidence like a breathalyzer test. The ‘No Excuses’ law allows law enforcement to take two vials worth of blood, one for the prosecution and one for future defense.

Derisively called the ‘vampire police’ by some, the police are allowed to detain drivers and go to a night court judge to get a warrant for the blood draw. These warrants are rarely, if ever, denied because judges normally find that if the probable cause for the underlying charge is good, then the probable cause for the warrant is good.

Compare this to Florida’s blood DUI blood draw law which only allows blood to be drawn in 3 distinct circumstances when there is probable cause the driver is impaired. Blood can only be drawn when it is impossible to take a breath test, there is a serious bodily injury to a person as a result of the DUI, or there was a death as a result of the DUI.

Tampa DUI attorney Ben Stechschulte has experience successfully defending DUI charges. Every case is different so contact Tampa DWI attorney Ben Stechschulte at 813 280 1244 or ben@tpatrialattorneys.com for a free consultation.

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