Users' questions 

Is it legal for police to draw your blood?

Leia Doyle

Is it legal for police to draw your blood?

Yes, it is legal for a search warrant to be issued allowing police to forcibly draw blood without your consent. However, the law enforcement officers have to cross their t’s and dot their i’s because they must follow very detailed protocol for the blood draw to remain legal and admissible in court as evidence.

Can a magistrate sign a DWI search warrant?

a DWI blood search warrant must be signed by a magistrate (not a justice of the peace judge or municipal court judge); and the affidavit accompanying the warrant must sufficiently establish probable cause that you committed the crime of DWI; and that

Can a police officer take a blood test in Wisconsin?

Wisconsin, the Court established that law enforcement is almost always allowed to gather a blood sample for testing without a warrant if the driver is unconscious and the police haven’t been able to administer a standard evidentiary breath test.

Can a person be forced to give a blood test in Texas?

Under Texas law, there are circumstances in which a person can be compelled, or forced, to give a sample of their blood. Texas Transportation Code §724.012. TAKING OF SPECIMEN states:

Yes, it is legal for a search warrant to be issued allowing police to forcibly draw blood without your consent. However, the law enforcement officers have to cross their t’s and dot their i’s because they must follow very detailed protocol for the blood draw to remain legal and admissible in court as evidence.

a DWI blood search warrant must be signed by a magistrate (not a justice of the peace judge or municipal court judge); and the affidavit accompanying the warrant must sufficiently establish probable cause that you committed the crime of DWI; and that

Wisconsin, the Court established that law enforcement is almost always allowed to gather a blood sample for testing without a warrant if the driver is unconscious and the police haven’t been able to administer a standard evidentiary breath test.

Under Texas law, there are circumstances in which a person can be compelled, or forced, to give a sample of their blood. Texas Transportation Code §724.012. TAKING OF SPECIMEN states: