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Felony 3 Texas

Criminal Law Discussion Forum

Felony 3 Texas

Postby Amnon » Sat Jun 21, 2014 5:51 pm

My boyfriend just was aressted in Texas for intoxicated assult with a vehicle.  He refused the breath alizer and they took him to the hospital and demanded a blood test, he refused and they said if he didn't do it they would hold him down. So he did it.  The lady he hit was hurt pretty bad, but she is OK now.  Will the blood test be legal?
Amnon
 
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Felony 3 Texas

Postby Jonn » Sun Jun 22, 2014 8:52 am

As weird as it sounds, I believe the test will be legitimate.  The last time I looked into this issue, I read a case where police did exactly that, held the suspect down and forcibly drew blood.  I don't recall the court's reasoning, but they allowed it.  Hopefully things have changed since then and they've gotten rid of that ridiculous law.
Jonn
 
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