DWI Refusal

In many DWI cases, the defendant will refuse to submit to chemical testing such as a breath test or a blood test. In those cases, the prosecutor is often permitted to introduce evidence of the refusal when it is proven that the defendant was offered and refused a breath or blood test. Likewise, the defendant may establish that he requested a chemical test within two hours after his arrest and the law enforcement agency refused such a test. VCS Art. 6701 L-5, Sec. 3(f).

Attorney for the DWI Refusal Case in San Antonio, TX

If you were charged with DWI involving a refusal to submit to a breath or blood test, then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC. With offices conveniently located in San Antonio, Don Flanary is ready to begin your defense today. 

Call (210) 738-8383 today for a free consultation. 


DWI "No Refusal" Policy in Bexar County

Since October of 2011, law enforcement officers in Bexar County have used a “No Refusal” policy for individuals suspected of driving while intoxicated. Under the "No Refusal" policy in Bexar County, whenever a driver is arrested for suspicion of driving while intoxicated, the driver will be asked to voluntarily provide a specimen of the driver’s breath or blood for forensic testing to determine its alcohol concentration.

If the arrested person refuses to provide a voluntary specimen, the arresting officer will attempt to obtain a search warrant from a judge to obtain a blood specimen for forensic testing. The "No Refusal" policy in Bexar County is used 24 hours a day, seven days a week, 365 days per year.


Implied Consent Statute in Texas

Under the Texas Implied Consent statute, Transp. Code § 724.011, a person arrested for driving while intoxicated in Texas is deemed to have consented to the taking of one or more samples of the person’s breath or blood for analysis to determine the alcohol concentration or the presence of a controlled substance or drug in the person’s body.

Under Transp. Code §§724.013, 724.032, the driver has a statutory option to refuse to provide any such sample, but that refusal comes with certain penalties, including a possible driver’s license suspension.

Transp. Code §§ 724.035 sets out the length of the driver’s license suspension that can be imposed. For a first time offender, the length of the suspension is 180 days. The length of the suspension can be up to two years if the person has a prior DWI arrest within the preceding five years.

Under Transp. Code §§ 724.014, if the suspect is unconscious or otherwise incapable of withdrawing consent, a blood sample may be legally drawn from the suspect’s body. Under the Fourth Amendment, the taking of blood requires a warrant absent consent or exigent circumstances.

If you were arrested for DWI in the greater San Antonio area then contact an experienced DWI lawyer at Flanary Law Firm, PLLC. During the free consultation, you can talk with Dan Flanary about your case, the charges pending against you and the best way to fight the charges. Call (210) 738-8383 today.


Addition Resources

Implied Consent Statute in Texas - Visit the website of the Texas Legislature to find the general provisions of the implied consent statute contained in Title 7 of the transportation code.


This article was last updated on Friday, January 20, 2017.

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