August 26, 2009, 11:36Stephanie Miller
Juvenile Search Warrant for Blood in Case of DWI
I'm looking for caselaw or statutes that specifically address whether law enforcement can obtain a search warrant for blood when a juvenile has been detained on suspicion of DWI and the juvenile has NOT consented to breath/blood. It looks like consent is okay but I am in a "no refusal" county and I want to make sure that legally applies to juveniles. We draw blood on refusal cases pursuant to the CCP - not the Transportation Code.
August 26, 2009, 17:02Stacey L. Brownlee
I know of no caselaw on blood draws for juvis.
Keep in mind 52.02(a) when you are considering where you're going to take a juvi to get this blood draw. There is an exception for the intoxilyzer but none that I am aware of for a visit to the hospital outside the procedures established in 52.02(2) or (5) !!
[This message was edited by Stacey L. Brownlee on 08-27-09 at .]