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Independent Blood Test After a Texas DWI Arrest
A fresh additional specimen is different from reviewing an existing laboratory result.
In short: Under Transportation Code 724.019, a person who submits to an officer-requested or ordered specimen may request an additional blood specimen taken by a specified qualified professional within a reasonable time, no later than two hours after arrest. The statute requires a reasonable opportunity to contact that professional, but not police transportation.
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Who qualifies for an additional specimen?
The provision addresses a person who submits to a breath, blood, urine or other bodily specimen at an officer's request or order. It allows an additional blood specimen, not a right to replace the officer's requested test with any test the person chooses. The selected professional must fall within the listed categories: physician, qualified technician, chemist or registered professional nurse.
When does the two-hour window begin?
The statute measures the outside limit from arrest. It does not say two hours after release or two hours after the original result arrives. Requests and practical access must be considered promptly. Record the actual arrest time, request time and response rather than estimating from the date on a later report.
Must police drive me to a laboratory?
No. Section 724.019 requires a reasonable opportunity to contact a qualified person, but expressly says officers and agencies need not transport the person for testing. That distinction matters when evaluating what was requested, what access was offered and why a specimen was not obtained.
Does a denied request make the State's result disappear?
No automatic exclusion follows from failure or inability to obtain the additional specimen. Section 724.019(d) says that does not prevent admission of the officer-requested or ordered analysis. Section 724.062 separately allows evidence at trial concerning a denied request, lack of a reasonable contact opportunity or lack of reasonable access. Counsel must evaluate the actual facts and potential use of that evidence.
What should I document for my attorney?
| Record | Detail to preserve |
|---|---|
| Arrest and collection times | Distinguish the arrest, each specimen and later analysis. |
| The request | Who was asked, the words used and when it happened. |
| Response and access | What the officer said and what contact opportunity was provided. |
| Calls and witnesses | Existing call records and names of people with firsthand information. |
| Laboratory documents | Original results and any identifying specimen information. |
Can I request information about the original test later?
Section 724.018 provides that, on request, full information concerning analysis is made available to the person who gave a specimen at an officer's request or to the person's attorney. That is a different subject from collecting a fresh additional specimen within the short statutory window. Ask counsel about obtaining and evaluating the original records even if the fresh-specimen window has passed.
Preserve existing paperwork and recordings without alteration. A later review of laboratory work should not be described as recreating an earlier blood sample or proving what a new sample would have shown. This article explains the statutory distinction; it does not promise exclusion, dismissal or a particular result.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013. Phones are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Do I have two hours after release to obtain an additional specimen?
No. Section 724.019 measures its maximum two-hour period from arrest, within a reasonable time.
Must police transport me for the additional test?
No. The statute requires a reasonable opportunity to contact a listed qualified professional, but does not require transportation.
Does inability to get an additional specimen automatically exclude the original result?
No. Section 724.019(d) says it does not preclude admission; section 724.062 separately addresses evidence about denied requests or access.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.