Transportation Code · §724.012

Mandatory Specimen Required

Officer SHALL require a blood specimen even without consent in scenarios listed under (b): felony DWI (priors), DWI with child passenger, intoxication assault, intoxication manslaughter, or PC of death/SBI.

To prove this offense, the State must establish each of the following elements: Statutory mandatory-draw scenarios listed in §724.012(b); But constitutionally officers still need a warrant if consent is refused (post-McNeely / Villarreal); Mandatory-draw statute alone does not waive 4A protections.

The base classification is Statutory mandatory-draw scenarios, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Statutory mandatory-draw scenarios listed in §724.012(b)
  • But constitutionally officers still need a warrant if consent is refused (post-McNeely / Villarreal)
  • Mandatory-draw statute alone does not waive 4A protections
Texas Law — Charge Details
Mandatory Draw (Statutory)
Offense
Mandatory Specimen Required
Statute
Tex. Transp. Code §724.012
Classification
Statutory mandatory-draw scenarios

Officer SHALL require a blood specimen even without consent in scenarios listed under (b): felony DWI (priors), DWI with child passenger, intoxication assault, intoxication manslaughter, or PC of death/SBI.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Constitutionally still need warrant if consent refused (post-McNeely / Villarreal)Search warrant requiredMissouri v. McNeely; State v. Villarreal

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Worked examples

Worked example 1

Under §724.012(b), a peace officer 'shall require' the taking of a blood specimen — even without consent — in which of the following situations?

  1. Anytime an officer suspects DWI
  2. When the offense is felony DWI (with priors), DWI with child passenger, intoxication assault, intoxication manslaughter, or there is probable cause to believe a death or SBI has occurred — and the suspect refuses Correct
  3. Only when the suspect is unconscious
  4. Only on weekends
Why: Mandatory blood-draw situations under §724.012(b) include felony-grade intoxication offenses, DWI with child passenger, deaths or SBI, and certain prior-conviction scenarios. After Missouri v. McNeely and Texas State v. Villarreal, mandatory-draw statutes alone are not a per se exception to the warrant requirement; officers generally must still obtain a warrant when consent is refused.
Statute: Tex. Transp. Code §724.012(b)
Worked example 2

SCENARIO. An officer stops a driver for swerving. Driver refuses field sobriety tests, refuses breath test, and refuses blood. The driver has two prior DWI convictions. What should the officer typically do for the blood specimen?

  1. Take blood by force without a warrant — implied consent overrides refusal
  2. Obtain a search warrant for blood; the offense level (DWI 3rd, a felony) and the §724.012(b) mandatory-draw scenario both support a strong PC affidavit, but a warrant remains required after McNeely / Villarreal Correct
  3. Release the driver
  4. Impound the vehicle and book and release
Why: Although §724.012(b) is a mandatory-draw scenario for felony DWI, post-McNeely / Villarreal Texas peace officers should obtain a search warrant for blood when consent is refused. ALR also triggers from the refusal.
Statute: Tex. Transp. Code §724.012(b); Missouri v. McNeely; State v. Villarreal

Statutory definitions for this topic

Mandatory blood draw situations Tex. Transp. Code §724.012(b)
Statutory mandatory-draw scenarios under §724.012(b) — felony DWI (priors), DWI with child passenger, intoxication assault, intoxication manslaughter, or PC of death/SBI. After McNeely / Villarreal, officers generally still need a warrant if consent is refused.