Transportation Code Sec. 724.017 now allows law enforcement to extract a blood sample from a DWI suspect who is arrested (as defined in Ch. 49 of the Texas Penal Code) without a warrant. (See: SB 238). The blood test may be taken if the person is arrested, refuses a voluntary blood test and:
a.) an individual other than the arrestee has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment;
b.) the person is under arrest for DWI with a child passenger under the age of 15;
c.) the officer has reliable information that the person has been previously convicted of DWI two or more times; or
d.) the office has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter
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