Your Right to Get Your Own Blood Test
Under Texas law, if you provide a breath test to an officer and you disagree with the results, you have a RIGHT to request a blood test.
Very few people understand that they have a right to request a blood test of their own if they are charged with DWI and give a breath test. Under Texas law, a Defendant has a right to request a separate blood test of their own if they take and fail a breath test.
However, this is rarely done. The reason is two fold. First, Texas law DOES NOT require officers to inform citizens of their right to obtain a blood test after they fail a breath test. Most people don't know this provision in the law and officers don't tell them about it. Second, even if you are informed about your right to a subsequent blood test, the officer has no duty to take you to a hospital, or any other medical facility, to give a blood test. The defendant, from jail, has to contact someone to perform the blood test. As such, even if a person does request a subsequent blood test it is often impossible to make arrangements to get a test done.
Here is relevant Texas law on a Defendant's Right to His/Her Own Blood Test:
McKinnon v. State, 709 S.W.2d 805 (Tex. App.--Fort Worth 1986, no pet.). ...the arresting officer does not have a duty to advise the suspect of his right to have his own blood test.
Crawford v. State, 643 S.W.2d 178 (Tex. App.--Tyler 1982, no pet.). Failure or inability of defendant to obtain a blood test will not preclude admission of breath test evidence. Failure of arresting officer to inform defendant of his right to a blood test is not a reversible error, though it would have been a better practice for officers to inform defendant of such right.
