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Juvenile Search Warrant for Blood in Case of DWI Login/Join 
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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.
 
Posts: 1 | Location: Cleburne, Texas, USA | Registered: August 26, 2009Reply With QuoteReport This Post
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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 .]
 
Posts: 640 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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