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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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    5.0/5.0

    Kevin is the best criminal defense attorney in San Antonio hands down. He fought for me and handled my federal case with the highest degree of professionalism. I am very fortunate to have had Kevin represent me because he achieved a result beyond eve...

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    Artom Bogdanovich

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    5.0/5.0

    I don't think there is ever a way to thank Mr. Collins for everything he has done for my family. My husband hired him on a very difficult case. For any concern or question he and his staff were there to help, and always let us know he was on our side...

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    Samantha Montoya

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    5.0/5.0

    Kevin Collins is an absolute professional. He worked diligently and got me the best outcome possible in what was a very grim situation. He was always there when I needed him, just a phone call away. He was always straightforward and always kept me in...

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    5.0/5.0

    Mr. Collins was recommended by my brother, we both had the same kind of case going on... Mr. Collins was so helpfully he walk me through all this process and give me the best advice for my case I'm truly thankful with him for the time and effort he p...

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    Angel Perez

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    Mr Collins was recommended by a family member, I am extremley grateful for the results in my case. Reading all the other reviews its easy to see the kind of true professional he is. Without a doubt will be recommending him to anyone close to me that ...

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    Spencer Noe

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