|Houston DWI Attorney Paul B. Kennedy
1415 North Loop West, Suite 102, Houston, Texas 77008
Tel: (713) 864-9727 Fax: (866) 587-2584
DWI Defense, Criminal Defense, Traffic Tickets, Family Law
Texas DWI Blood Draw Warrants- FAQ
What is a "no refusal" blood draw warrant?
If a DWI suspect refuses to give a breath sample officers will get a warrant to take the suspects blood by force.
What's wrong with that?
Where to start? First, there are no protections for DWI suspects. No due process. No right to counsel. They violate Texas
law, the Bill of Rights and the Texas Constitution. The legislature never approved blood warrants. They are judicial activism.
Finally, prosecutors seek to hide this practice from the public. You're not even allowed to consult with a drunk driving
attorney before the cops take your blood.
There is no right to counsel?
No. Our courts have held that judges, cops and prosecutors can conspire to take your bodily fluid and that you have no right
to counsel. That makes all the more important that you hire a good DWI attorney to fight the vampires.
What is the procedure?
Prosecutors line up cooperative judges to rubber stamp fill in the blank warrants that are faxed in by police. (Yes, they really
use fill in the blank warrants). An experienced DWI attorney will challenge the warrants and affidavits before advising you
to plead guilty and be branded a criminal for life.
Do these really violate the Constitution?
Sure. Here is your Texas Constiution-
In all criminal prosecutions the accused shall... not be compelled to give evidence against himself
Blood would seem to be evidence in a DWI case. Forcing you to give meets most definitions of "compelling". Luckily, our
prosecutor-friendly appellate courts have held that "evidence" doesn't really mean "evidence." "Evidence" means testimony.
Obviously. You need an experienced drunk driving attorney in your corner.
How Do They Violate State Law?
You don't need a law degree to understand how forced blood draws violate Texas law.
§ 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON REFUSES; EXCEPTION. Except as provided by Section
724.012(b), a specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace
How is this judicial activism?
The law and our Constitution forbid these forced blood draws. Texas prosecutors could have lobbied the legislature to
pass a law and amend the Texas Constitution to allow these blood draws. Instead, prosecutor made an end run around
the law and got pro-State judges to create new law. Now more than ever, with every weekend a No Refusal Weekend, you
need an experienced DWI attorney to defend your rights.
What if you refuse to allow the officer's to take your blood?
As you would expect, this process born from tyranny, ends with police brutality. The police hold you down while a needle is
stuck in your arm. Assaulting suspects to steal their blood is un-American and degrades the criminal justice system. The
more we "get tough" on DWI, the more we treat DWI suspects like GITMO detainees.
You need a tough DWI lawyer to fight back.
How can I learn more?
You can't. Prosecutors love to brag about these forced blood draws on their message board and in the media. However,
they will routinely fight open records requests to disclose the details of this practice.
If you've been subjected to a forcible blood draw, contact Houston DWI Attorney Paul B. Kennedy immediately. Houston
DWI Lawyer Paul B. Kennedy will be more than happy to sit down with you and discuss the law and how it applies to your
Houston DWI Attorney Paul B. Kennedy defends citizens accused of drunk driving and other crimes in Houston, Galveston,
Conroe, Sugar Land, Richmond, Missouri City, Harris County, Galveston County, Fort Bend County, Montgomery County,
Brazoria County, Waller County , Walker County, Austin County, Polk County, Jackson County, Fayette County and