What most people do not understand about being arrested for Driving While Intoxicated in Texas is that they will have two separate cases. One case will proceed in the criminal courts and the second is an administrative case. The administrative case involves the Texas Department of Public Safety. Upon receiving notice, usually in the form of a temporary license, you have only fifteen (15) days to challenge your license suspension. Failure to timely make this challenege will lead to the automatic suspension of your license. The temporary license only
Missouri vs. McNeely – Blood Test In Driving While Intoxicated (DWI) Investigation May Require Warrant
Recent case law sets forth that now police officers investigating someone for driving while intoxicated (DWI), must under general conditions get a warrant in order to get a blood test from the suspect. Without such a warrant, the blood test must be thrown out. So the response to the age old question that I keep getting from people, can the police just force me to take a blood test, is no, generally they cannot do so until they have obtained a warrant for your blood.
The ruling comes from the United