Search Site
Menu
IBC Centre, 130 East Travis Street, Suite #425 | San Antonio, TX 78205
CALL FOR CONSULTATION 210-598-8629
No Refusal Warrants

Trusted Attorney Handles Issues with DWI No Refusal Warrants in Texas

You have options when facing drunk driving charges

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.

Issues related to Texas implied consent laws

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:

  • The suspect caused an accident in which someone died, is likely to die, someone suffered severe bodily injury or someone was taken to the hospital with severe bodily injury.
  • The suspect has a previous DWI conviction with a child passenger, for intoxication assault or for intoxication manslaughter.
  • The suspect has two or more DWI convictions, for flying while intoxicated, for intoxication assault or for assembling/operating an amusement ride while intoxicated.

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.

Contact me today for further information

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.

Firm Recognition
  • Three Best Rated
Client Reviews
  • google
    5.0/5.0

    Mr. Collins is very professional and worked hard towards my case. I recommend all my friends and family to go to him if in the SA or surrounding areas! Early always and his secretary is very good as well. Thank you guys so much!

    Read more

    John Lauinger

  • google
    5.0/5.0

    My son was charged with a felony for having a pellet gun at school in his backpack. Mr. Collins was able to have the felony dismissed pre-trial, preventing my son from having a felony conviction for the rest of his life for what was essentially a stu...

    Read more

    P Carter

  • google
    5.0/5.0

    A very proactive law firm. Mr. Collins is a consummate professional. He took my son’s case serious from the initial consultation, to the final dismissal resolution. I would truly recommend his legal services without reservations.

    Read more

    Vernon Gardner Jr

  • google
    5.0/5.0

    A very proactive law firm. Mr. Collins is a consummate professional. He took my son’s case serious from the initial consultation, to the final dismissal resolution. I would truly recommend his legal services without reservations.

    Read more

    Vernon Gardner Jr

  • google
    5.0/5.0

    This review is long overdue. Somehow I never actually posted it on the website. My apologies. But nevertheless, my opinion and overall satisfaction with Mr Collins remains the same as of today. He is an absolute expert at what he does! He was recomm...

    Read more

    David Perez

See all reviews
Case Results
State of Texas v. J.T. Furnishing Alcohol to a minor dismissed after start of trial despite death caused by accident
View All
Videos
Contact us

Quick Contact Form