Greetings.

I am finishing up my final year of law school and am tasked with writing a paper on the validity of blood warrants in DWI arrests where § 724.012(b) does not apply.

Does anyone know of any arguments that have been raised regarding probable cause for the warrant (or other issues that question the validity of the warrant)? I'm having a hard time finding any published opinions on all fours.

I've received some info that refusal to cooperate can constitute probable cause. However, I consider this to be one factor towards probable cause and would like to find some case law or better yet, trial experiences where probable cause has been challenged, unsuccessfully and successfully.

I think I'm good on the Implied Consent issues, just looking for specifics on the warrant.

TIA

Dave

David Jesse Coker
Crypto Security Systems, LLC
777 Main St., Suite 600
Fort Worth, TX 76102

Article in Texas Prosecutor

Thanks!

Besides a urinalysis, how else could one reliably detect the presence of narcotics, THC, amphetamines, etc.?

Cheers,

djc

Look at Drug Recognition Experts. Based upon the symptoms exhibited by a suspect, they can narrow the range of intoxicants.