How a New Texas Law Is Changing DWI Enforcement and Defense

Chemical evidence plays a major role in prosecution of driving while intoxicated (DWI) cases in Texas. Police officers have long used breath tests or arranged for blood draws to validate cause for a drunk driving arrest. Now, a change in the law is altering both the way police operate and how defenses have to be approached. This makes it easier for police officers to secure a warrant to draw blood while minimizing the potential for delays and bureaucratic complications.

While more invasive than breath testing, blood testing also tends to be more reliable and can detect the presence of substances other than alcohol. Effective Sept. 1, 2025, Texas lawmakers modified the existing rules related to blood draws, specifically allowing for expanded use of a DWI blood search warrant. The law no longer requires that the warrant and arrest come from the same county. For those arrested in Kerrville or the surrounding Hill Country area, a warrant would previously have needed to come directly from a Kerrville County judge. The new law allows local law enforcement to use warrants signed by judges in adjacent Bandera, Edwards, Gillespie, Kendall, Kimble and Real counties.

In cases involving specific complicating factors, a blood draw without a warrant could be an option. One such scenario is where the incident leading to a driver’s arrest involved a collision causing serious injury or death to others. Another scenario is where the party accused has a prior felony DUI conviction or two or more prior misdemeanor DWI convictions, including convictions in other jurisdictions

These new standards change what may occur during DWI traffic stops and the probable cause required by police officers to justify a blood draw. Defendants and their representatives also need to adopt new defense strategies when fighting DWI charges backed by blood test results.

If you are facing DWI charges in Kerrville and the Texas Hill Country, you need legal guidance as soon as possible. You are at risk of potentially life-altering criminal penalties, especially for charges involving felony charges or collisions that caused injuries or death. Partnering with a DWI defense attorney who is familiar with Texas’s DWI statutes is critical for optimizing the outcome of the criminal case.

Issues related to warrant validity — regardless of the county in which a judge signed the warrant — could now play a bigger role in a defense strategy. A skilled defense attorney can also highlight the timing of the test, as delays in testing can lead to unreliable results. Additionally, lab reliability issues, such as gaps in the chain of custody for the sample or questionable testing processes, could help undermine the usefulness of blood test results during DWI criminal proceedings.

At The Law Firm of Richard L. Ellison, P.C. in Kerrville, you will be represented by an attorney who is board-certified by the Texas Board of Legal Specialization in Criminal Law. Schedule a consultation by calling 830-955-8168 or contacting me online.