Texas has an implied consent statute in Texas Transportation Code Chapter 724. Using this statute, police throughout Texas have been requiring the taking of blood from suspects of Driving While Intoxicated related offenses without first obtaining consent, obtaining a warrant, or without exigent circumstances.

In 2013, the U.S. Supreme Court ruled in Missouri v. McNeely, 133 S.Ct. 1552 (2013), reiterated that “where police officers can reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so.” Id. at 1561. Since that decision, the Texas warrantless blood draw practice has come under attack.

On November 26, 2014, the Court of Criminal Appeals held that warrantless blood draws based on the Texas mandatory blood draw statute were unconstitutional absent a showing of compliance with a recognized exception to the Fourth Amendment warrant requirement. Villareal v. State, PD-0306-14

Updated January 31, 2015