San Antonio Refusal Lawyer

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.

Facing DWI Refusal Penalties? Let our experienced attorneys fight for your rights. Contact us at (210) 738-8383 today!

Frequently Asked Questions (FAQ)

What is the “No Refusal” policy in Bexar County?
The “No Refusal” policy in Bexar County allows law enforcement officers to obtain a blood sample from a driver suspected of DWI, even if the driver refuses to provide one. Officers can obtain a search warrant to legally draw the blood without the driver’s consent, operating 24/7, 365 days a year.
Can I be penalized for refusing a breath test in Texas?
Yes, refusing a breath or blood test after a DWI arrest in Texas can lead to penalties such as automatic license suspension, fines, and possibly enhanced criminal charges. The refusal itself can also be used as evidence against you in court.
How long will my license be suspended if I refuse a breath or blood test?
In Texas, the first-time refusal of a breath or blood test can result in a 180-day license suspension. If you have prior DWI arrests within the last five years, the suspension can be extended up to two years.
Can I challenge the evidence of my refusal in court?
Yes, there are circumstances where you can challenge the evidence of refusal. For instance, you might argue that law enforcement didn’t properly inform you of the consequences of refusal or that there were medical reasons that made it impossible for you to comply with the testing.
What happens if I am unconscious during a DWI arrest?
If you are unconscious or unable to withdraw consent, Texas law allows law enforcement officers to draw blood without your consent under the Implied Consent Law. This is considered legal in certain situations and is often done to prevent the destruction of evidence.
What is Implied Consent, and how does it affect me?
Implied Consent in Texas means that by driving in the state, you automatically consent to take a breath or blood test if arrested for DWI. Refusing the test comes with penalties, including license suspension and possible criminal consequences.
Can I get a blood test even if I refuse?
Yes, under the “No Refusal” policy in Bexar County, if you refuse to provide a breath or blood test, officers can obtain a search warrant to draw your blood without your consent. This ensures that law enforcement can obtain crucial evidence in DWI cases.

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.

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I was looking for a criminal defense attorney on the internet and am so happy I found Attorney Flanary. He reviewed our case for unlawful weapon carry for my son. He said that the weapon that was holstered was not in plain view and there shouldn’t have been an arrest. At the arraignment the case was dismissed. My 19 year old son did not even have to stand before the judge for the arraignment. I was completely pleased with the outcome. Thank you Don Flanary for taking care of our son.

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