Monday, 16 February 2026

New Texas Blood Draw Law Starts Sept 1st 2009 [aOvWIJehWxo]

A controversial shift in Texas law grants police the power to seize blood evidence without a warrant in a move that pits public safety against civil liberties.

Senate Bill 328 Mandatory blood draws Texas DWI law John Bradley Civil liberties Police phlebotomy

By Mike Hanson Archives | 3m listen | 3 chapters

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New Texas Blood Draw Law Starts Sept 1st 2009 [aOvWIJehWxo] cover

About this episode

Texas law enforcement will bypass search warrants for mandatory blood draws starting September 1 under a strict new mandate for specific crash scenarios. Williamson County District Attorney John Bradley championed the policy after Gary Gibbs, a repeat offender, refused testing following his eighth DWI arrest. The law triggers immediate draws if a collision involves an injury, a child passenger, or a driver with prior convictions.

Senator Dan Gattis authored Senate Bill 328 to eliminate the three-hour delay typically required to secure judicial warrants for blood evidence. While Austin and Williamson County rely on professional phlebotomists, other Texas jurisdictions now train police officers to perform medical blood draws directly in the field. Judy Barton of the Texas Civil Rights Project warns that the measure erodes personal liberties and the presumption of innocence without addressing the root causes of drunk driving. These protocols ensure rapid evidence collection in rural areas where medical staff are unavailable during critical investigation windows.

John Bradley defends the aggressive stance as a necessary tool against habitual offenders who exploit legal loopholes. The shift from hospital-based draws to officer-led procedures marks a significant change in Texas criminal procedure. This episode features a breakdown of the constitutional challenges facing the new mandate.

CHAPTER 01 / 3 Discussion

Texas Mandatory Blood Draw Law Implementation

Texas law enforcement will no longer require search warrants to perform blood draws in specific crash scenarios starting September 1. The mandate applies if a crash involves an injury, a child passenger, or a driver with prior DWI convictions. Williamson County District Attorney John Bradley advocated for the change following a case involving Gary Gibbs, a repeat offender who refused testing after his eighth DWI arrest.

texas· blood draw· dwi· search warrant· senate bill 328

00:00 Our top story here on the Nightbeat, a little known law which goes into effect in less than two weeks will allow a lot more blood draws across Texas. The Nightbeat's Shelton Green is live on North Mopac with details. Shelton? Tyler, starting September the 1st police across Texas won't need a search warrant to draw blood from people involved in one of three situations after a crash. Number one if you injure someone in that crash or number two if you have prior DWIs or number three if you have a child in your car at the time of the crash so in other words blood can be drawn even if you're not suspected of driving drunk

00:38 This was sick and tired of a Texas law that allowed the defendant to destroy the very evidence we needed to protect society. John Bradley, the Williamson County DA's frustration began here in December of 2003. Gary Gibbs was stopped by Georgetown police for weaving in his 18-wheeler It was his eighth DWI conviction I learned that he'd been to prison twice before that He had a multi county convictions for DWI and That despite the fact he was driving an 18 wheeler He was still driving drunk And then refused to provide breath or alcohol evidence of his intoxication

CHAPTER 02 / 3 Discussion

Senate Bill 328 Legal Debate and Civil Liberties

Senator Dan Gattis authored Senate Bill 328 to streamline DWI investigations by removing the three-hour delay typically required to obtain search warrants. Judy Barton of the Texas Civil Rights Project argues the law infringes on personal liberties and privacy without effectively stopping drunk driving. Public opinion remains divided between those prioritizing road safety and those concerned about the presumption of innocence.

dan gattis· texas civil rights project· judy barton· fourth amendment· privacy

01:17 Bradley worked with Senator Dan Gattis who authored Senate Bill 328 which passed in the last session. Before SB 328, police officers had to get a search warrant before drawing blood –a process which could take up to three hours. Police officers are going to be saved a lot of time and energy and trouble in their DWI investigations and be able to directly collect the most powerful evidence of intoxication which is the blood in the body of the drunk person Starting September 1st, anyone involved in a crash who has prior DWIs or a child in the car or the person they hit is injured will have blood taken without a search warrant. I'm quite sure that this is going to end up in the courts. Judy Barton is an attorney with The Texas Civil Rights Project We're going down this road of taking away more and more liberties

02:03 And laws like this don't really do anything to stop drunk driving and to protect the public from drunk driving. All they do is give the police more power, to intrude more upon people's liberties." Texans we found have mixed reaction about the new law. You're supposed to be presumed innocent until proven guilty. I haven't... you know just because an accident occurred doesn't mean that you've been drinking. I feel like it's an invasion of privacy actually I don't agree with the law at all. Because i think that there are too many drunk drivers on the road that have been given too many chances and at the cost of lives, of innocent people The line needs to be drawn somewhere It just has... it can't keep happening

CHAPTER 03 / 3 Discussion

Phlebotomy Training for Texas Police Officers

Austin and Williamson County utilize trained phlebotomists to conduct blood draws for criminal investigations. However, some jurisdictions across Texas have begun training police officers to perform the medical procedure themselves. This shift in protocol ensures immediate evidence collection in areas where medical staff may not be readily available.

phlebotomy· austin· williamson county· police training· blood collection

02:53 Now, in Austin and Williamson County trained phlebotomists are the ones who draw blood. But we learned today that in some parts of Texas the officers themselves are being trained to take blood. We're live in North Austin, Shelton Green KVN News Night Beat