Blood Test Evidence

Do I Have To Give My Blood?

Texas law deems that all persons who drive with Texas driver's licenses have already conditionally agreed, after their arrest, to take either a breath or blood test upon being properly requested to do so by a police officer.

This deemed consent only arises where the person has driven in a public place. Examples of public places include:

  • Public roads
  • Highways
  • Beaches and Public Parks
  • Parking garages
  • Other places where the public or a substantial part of the public may gain access

There is no such deemed consent, or as it is sometimes called "implied consent" for a urine test.

What Is Legal Intoxication?

In Texas, a driver is legally intoxicated and subject to an arrest and can be charged with driving while intoxicated (DWI) who registers a .08 blood or breath alcohol content ("BAC").

A driver can be deemed legally intoxicated if the driver demonstrates loss of the normal use of either his/her mental or physical faculties at the wheel due to the introduction of either alcohol or other drugs regardless of BAC.

Contact attorney Justin K. Hall for a free initial consultation by completing the online form or calling his office in Garland at 972-587-7506.

Breakthrough Representation With Your Rights At The Forefront

Justin K. Hall is an exceptional lawyer fighting in your corner. With experienced attention to the details of your case, he builds a solid case for securing the best possible outcome. A strategic defense may include:

  • Challenging the legitimacy of the traffic stop
  • Refuting proper administration of the blood test
  • Questioning the accuracy of the test equipment
  • Determining police conduct was improper

Mr. Hall provides experienced answers and wise counsel for those in Rockwall, Dallas and Collin counties. Contact his office at 972-587-7506, or online to protect your driving privileges.