Texas DWI- The Right To Give Blood

If you are pulled over in Texas for a DWI, you have very few rights. You can be arrested with only a police officer’s subjective opinion as evidence. You do not have the right to an attorney prior to giving a breath sample, or even while being held down and forced to give a blood sample. Then you are tried by jurors inundated by MADD propadanda.

What right do you have in Texas? You have the “right” to give a blood sample.

From the Transportation Code-

person who submits to the taking of a specimen of breath, blood,
urine, or another bodily substance at the request or order of a
peace officer may, on request and within a reasonable time not to
exceed two hours after the arrest, have a physician, qualified
technician, chemist, or registered professional nurse selected by
the person take for analysis an additional specimen of the person’s
(b) The person shall be allowed a reasonable opportunity to
contact a person specified by Subsection (a).
(c) A peace officer or law enforcement agency is not
required to transport for testing a person who requests that a blood
specimen be taken under this section.
(d) The failure or inability to obtain an additional
specimen or analysis under this section does not preclude the
admission of evidence relating to the analysis of the specimen
taken at the request or order of the peace officer.
(e) A peace officer, another person acting for or on behalf
of the state, or a law enforcement agency is not liable for damages
arising from a person’s request to have a blood specimen taken.

This is why freedom does not come from government, but from our Creator. When the government gives you freedom they do a half ass job. The State is interested in convictions, not due process.

What happens if the police do not tell you about this “right” after you give a breath test?
Nothing. Police never tell defendants about this provision.

What if you need to go to the hospital for the test?
You are out of luck. The Police do not have to transport you anywhere. Good luck getting your family doctor to come to the county jail at 2AM.

What happens if you ask for another sample but the doctor gets there after 2 hours?
Nothing. The State’s original sample is admissable, and they can deny the doctor from giving you a sample. After all, you only have two hours to get re tested.

DWI makes a farce out of the Bill of Rights. The more freedom we give up, the more innocent people we convict. We should replace these phony “rights” with some new basic freedoms. Let us try- the right to not give evidence against yourself, the right be free from unreasonable search and seizure, and the right to counsel for starters.


3 responses to “Texas DWI- The Right To Give Blood”

  1. Kevin says:

    That same scenario happened to my brother. He, however, did know about his right to a blood test, but when he requested one all the cops did was point him towards the phone. Needless to say, he was unable to get a sample taken in time and had to cop a plea

  2. racymind says:

    Well… if there was someone who could get there to draw the blood, would you recommend it?

    I do see the larger point about the state giving you this “right” but taking away your ability to use it…

    I remember wondering how I would get a second sample drawn when I had my DWI way back in 1980.

  3. Robert Guest says:

    I can’t give legal advise on my blog. However, I have seen situations where a blood draw would be a good option.

    I would rather suspects have the right to not give any evidence, or at least consult with an attorney.

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