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Looking for case law supporting blood draw without a warrant in a single vehicle accident where only the driver was injured. Anyone able to point any out?
 
Posts: 1 | Registered: March 26, 2014Reply With QuoteReport This Post
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Our Implied Consent statute bars it. See Transportation Code 724.013. Since this situation is not covered by 724.012 (b) (( what we call Mandatory Blood Draw)), the statute bars taking a sample without consent or a warrant. While you might well be able to argue exigent circumstance even after McNeely, you have a statutory bar. Sorry.
 
Posts: 293 | Location: Austin, TX, US | Registered: September 12, 2002Reply With QuoteReport This Post
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Unless the driver was unconscious and could therefore not refuse the draw, is that correct Clay?
 
Posts: 95 | Location: Marble Falls, TX USA | Registered: October 29, 2006Reply With QuoteReport This Post
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100% correct, nice catch. That is why prosecution is a team sport.
 
Posts: 293 | Location: Austin, TX, US | Registered: September 12, 2002Reply With QuoteReport This Post
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Did the driver receive medical treatment at a hospital after the accident? Frequently hospitals will do a blood test in order to establish a baseline for treatment.
 
Posts: 34 | Location: Hunt County, TX | Registered: November 10, 2008Reply With QuoteReport This Post
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