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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.

COVID-19 Notice
We are here to help and support you through these generally challenging times with your specific legal issues. You will be able to reach me or my staff through our main telephone numbers, and of course by email: [email protected]. Phone conferences for existing and potential clients are available, as is the video conference feature through the Zoom app. Zoom may present some privacy challenges so phone conferences are preferred. Please take care of your health by following the measures recommended by the CDC, and by state and local authorities.
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    I truly appreciate that Mr. Collins was straight forward and kept me informed every step of the way. He was willing to go the extra mile to help build a strong case, but kept me level headed throughout the process. He was open with the fact that the ...

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    Kevin Collins represented me in a D.V. case. Dismissal. His preparation and intellect are remarkable. He's a league above his peers and competion. Follow his instructions and heed his advice. Not many people are built for this type of work. Kevin Col...

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    Kevin Collins is by far the best man for the job. Almost immediately as I talk to him on the phon I felt calm and reassuring. He started the process and handled it, very efficient and got the job done. He also responds to my calls very quickly and ke...

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    Fast and quick response ..That's how he acted ..Good professional service ..will call him again definitely if we need help.. Sincerely J VELA

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