If I refuse a breath test can I be forced to take a blood test?
If you are suspected of drunk driving in Texas then you will probably be asked to voluntarily give a sample of your breath or blood. However, you can refuse to give a sample. if you do refuse then the police officer who arrested you may be able to get a warrant from a judge or magistrate to force you to provide a breath sample. We have reported quite a bit on so called "no refusal" weekends in our blags here.
Here is some law that enables the State to obtain a warrant and force you to give a blood sample.
Beeman v. State, 86 S.W.3d 613 (Tex. Crim. App. 2002). Defendant refused to consent or submit to a breath test. The officer obtained a search warrant for defendants' blood. Over defendant's objection, the specimen was drawn at a local hospital. Defendant argued that the Implied Consent law exclusively controlled how an officer could obtain a breath or blood specimen following a person's arrest for DWI. The Court ruled that nothing precludes an officer from obtaining a warrant if probable cause exists irrespective of whether a driver consents.
Dye v. State, No. 08-02-00018-CR, 2003 Tex. App. LEXIS 1556 (Tex. App.--El Paso Feb. 20, 2003, no pet.). The officer obtained an evidentiary search warrant to conduct a blood test. Defendant moved to suppress the test result arguing it was conducted in Violation of Tex. Transportation Code section 724.012 and 724.013. The court found that Sections 724.012 and 724.013 became moot when a valid search warrant is secured by an officer.
