It's really not accurate to say that a city or other jurisdiction "passed no-refusal laws." Under existing Texas law, a cop who can set forth probable cause of DWI to a magistrate can get a warrant for a blood sample. When a LE agency decides to do this, they implement a policy to get the warrants and samples. From a practical standpoint, the hard part is getting samples. At first, some LE agencies trained cops to get samples, but now the cop takes the suspect to a hospital. Some LE agencies bill the suspect for the cost of the test.(staff edit; fixed quoting; ztonk)
The constitutionality of blood samples by warrant has been tested and upheld throughout the land. I keep waiting for a test case where the suspect refuses and the cops hold him down or strap him to a gurney to get a sample, a la Rochin v. California, 342 U.S. 165 (1952), in which the U.S. Supreme Court, in an 8-0 decision, ruled evidence pumped from the stomach of a suspect inadmissible. So far, I haven't noticed such a case. If any of you are handed a warrant for blood, I'd appreciate it if you'd resist so I can see the outcome on appeal. Originally Posted by ShysterJon