Texas "No Refusal" Laws
EVERY DAY IN SAN ANTONIO IS "NO REFUSAL"
One of the best ways to fight a DWI is by not incriminating yourself and giving the police evidence to convict you. That is, once you've been pulled over for suspicion of a DWI, refusing all field sobriety tests, and blood and breath tests are almost always the best policy because there won't be any video evidence of you trying to perform tests that are difficult to perform when sober, or any evidence of alcohol in your system. Unfortunately, this is common knowledge, and law enforcement is also privy to this strategy.
In 2011, Bexar County established every day as "no refusal" meaning that if you refuse to submit to these tests, a police officer will attempt to procure a search warrant from a magistrate judge allowing them to forcibly draw your blood and test it for alcohol content.
There are other conditions under the law where you can be forced to provide a blood sample to police, such as:
- You or the driver were involved in an accident where a person was injured
- You or the driver has a previous conviction DWI with a Child Passenger, Intoxication Assault or Intoxication Manslaughter
- You or the driver has two or more DWI convictions.
Charged for Refusing a DWI Test?
Even if you were subject to a forcible blood draw after a DWI traffic stop, there are still ways to fight the case. The time frame of your last drink always plays a major role in an argument your DWI attorney can make on your behalf, and a skilled San Antonio criminal defense attorney can make an argument regarding the delay between your last drink and the time it took the police officer to obtain the search warrant and draw your blood.
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