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No Refusal


Bexar County started a policy for “no refusal” weekends in 2008. In October of 2011, Bexar County began an around-the-clock ”no refusal” program since 2011. Under the ”No Refusal” policy in Bexar County, whenever a driver is arrested for suspicion of driving while intoxicated in a misdemeanor case, 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 person is arrested for a DWI-related crime and then 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.

In felony DWI cases that didn’t previously require warrants under Texas law, the district attorney’s office began requiring warrants in April 2013 after the U.S. Supreme Court that mandated a warrant for a forced blood draw unless exigent circumstances existed.

If you were subjected to a forced blood draw, then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC. Don Flanary is experienced in fighting DWI cases in Bexar County, including cases with a breath or blood test result or an allegation that you refused to submit to testing.

Don Flanary represents clients charged with a misdemeanor or felony DWI including intoxication assault and intoxication manslaughter.

Call (210) 899-7566  today to discuss your DWI case pending in San Antonio, TX, and throughout the surrounding areas of Bexar County.

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DWI “No Refusal” Arrests for January 2016

One of the best ways to understand the ”no refusal” policy used by law enforcement officers in San Antonio and Bexar County is to look at the statistics. A recent press release from the District Attorney’s Office posted on February 1, 2016, shows that during a one month period in January of 2016, most of the DWI cases were for a first-time offense.

Out of the 543 persons arrested for driving while intoxicated offenses, 239 suspects were subjected to a blood draw. The press release also showed the following breakdown of arrests by offense:

  • Intoxication Manslaughter: 1
  • Intoxication Assault: 3
  • Driving While Intoxicated with Child Passenger under 15 yrs. old: 7
  • Driving While Intoxicated as a 3rd or subsequent offense: 54
  • Driving While Intoxicated as a 2nd offense: 75
  • Driving While Intoxicated with an Open Container: 30
  • Driving While Intoxicated with a BAC of 0.15 or higher: 104
  • Driving While Intoxicated as a first offense: 269
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Why Choose Flanary Law Firm, PLLC?

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    At our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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    All criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.


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