Does it matter I wasn’t shown the warrant?

I was taken to the hospital for DUI and when
the officer came in with a paper I said I wanted
to see the warrant it was offered to be ready to
me but never shown. They went ahead and
took my blood without showing me the warrant
as I requested. Does it matter if they didn’t
show it to me?

Asked on January 25, 2018 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Officers are not required to show you the warrant before they execute it.  They are only required to have a warrant before they do the involuntary blood draw.  As such, it doesn't matter if they showed it to you or not.  Regardless, you should request a copy of it via a request for discovery if your case moves forward.  You are entitled to a copy of it if they decide to charge you so that you can review and challenge it.  If the warrant was invalid, then any evidence, including the blood draw, could be thrown out.


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