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Legislative Update – Breath or Blood Alcohol Test

Legislative Update – Breath or Blood Alcohol Test

Senate Bill 328 amended Section 724.017 of the Transportation Code to expand mandatory warrantless blood draws if a person is arrested for an offense under Chapter 49 of the Texas Penal Code. Additionally, Senate Bill 328 amended Article 18.01 Code of Criminal Procedure to state that any magistrate who is an attorney licensed in Texas may issue a search warrant for a blood test in an intoxication-related case if the person refuses to submit to a breath or blood alcohol test.

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