Call Us Now
Email Us Now
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 210-880-3931 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 210-880-3931 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.
- Refusal
- No Refusal
- Blood Draw
- Breath Tests
- DPS Rules 19.4(c)
- Intoxication Manslaughter
- Intoxication Assault
Client Testimonials
Was really in a difficult situation Mr. Flannery and Amanda Hernandez came to the rescue, all my cases have been dropped/dismissed and I couldn’t be happier if you find yourself needing a lawyer I would definitely come back to them again.
Mario B.
Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. That’s what Don Flanary and his law firm associates are and more. I found the Flanary Law Firm while searching for legal help for my son. At the time my family was distraught …
Valerie S.
Without going into too much detail about what I was being accused of, my case was a life changing one. I was being accused of one of the worst things human being can be accused of. I did a ton of research on top attorneys in San Antonio and wha…
Mark G.
My fiancé and I had never needed a lawyer before and we knew we needed someone with experience and who was familiar with our local courts. We interviewed with your typical overly-advertised law firms, but we didn’t feel like we were being take…
H.G.
I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. His knowledge and ability within the courtroom are excellent,…
Fernando R.
If you are looking for an attorney, then look no further! Don and Amanda will fight for you and guide you through the process. Great office staff and assistants.
River City Shooters
Contact Flanary Law Firm, PLLC
Submit your information to request your free, confidential case evaluation. Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in San Antonio, Texas.
*By submitting the form, you are requesting a free and confidential consultation with one of our attorneys to discuss the specific facts of your case. We will evaluate your unique situation and provide you with valuable information about how an attorney may be able to help you. Please do not provide any confidential or time-sensitive information using this online contact form. If your situation is urgent, please call us at 210-880-3931. We look forward to hearing from you.