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You have the right to refuse to take certain tests after being pulled over on suspicion of driving while intoxicated (DWI) charges, but doing so may create a legal situation requiring the assistance of an attorney. As an attorney with more than 27 years of experience through my firm, Kevin L. Collins, P.C., I understand all of the issues surrounding the implied consent laws in Texas and no refusal warrants. As a sole practitioner, I work closely with all of my clients to ensure that they remain informed and comfortable during this stressful time.
Texas has an “implied consent” law after a DWI arrest that says you agree to have your blood or breath tested to determine your blood alcohol content level. The test must be taken as soon as possible from the time you last operated a vehicle, and the officer chooses the test. However, once you submit to the test by the officer, you have the right to another blood test taken by a medical professional of your choice within two hours of your arrest.
Texas is one of several states engaged in a No Refusal initiative. In Texas, many police departments have instituted “no refusal weekends.” On these weekends, an officer may force you to provide a blood sample to get evidence into court quickly. Additionally, during these weekends officers do not have to take suspects to separate locales to await approval of a warrant.
The following conditions must exist for the officer to take a warrantless blood sample:
This process makes it more difficult to combat DWI charges. However, it does open up other opportunities for DWI lawyers to challenge the process by which the law enforcement officers obtained the warrant. If they failed to follow the protocol for obtaining a warrant exactly according to Texas’s no-refusal laws, any evidence collected against you is not admissible in court.
As an experienced attorney, I am pleased to provide any clarification that you need regarding these laws and to offer my services whenever you need them. Please don’t hesitate to contact Kevin L. Collins, P.C., at 210-598-8629 or online, for more information.