No Refusal DWI in Austin
Have You been Arrested for a DWI and Subject to No Refusal Policies?
Being stopped and charged with driving while intoxicated (DWI) is a frightening experience. It can also be confusing as you try to understand your rights.
You have probably heard about the No Refusal policies now enacted in Texas. This No Refusal initiative was first put into place during the holiday season, when drunk driving is more common, and then extended to include every weekend as well.
What is the No Refusal Initiative?
If you are stopped because an officer suspects you of being intoxicated, he or she may request that you perform a sobriety test and/or a breath or blood test. You have the right to refuse these tests. This is where many people may be confused about the No Refusal policy: even at this stage in a stop and investigation, you still have the right to refuse testing. If you refuse, a police officer needs to have a warrant in order to take a blood sample.
Under the No Refusal policy, an officer can contact an on-call judge and request a warrant to acquire a blood sample. To produce a warrant, the officer must have reason to believe that a blood test is needed and provide written documentation to support this claim. If the judge agrees that a blood test is reasonable, he or she can provide the officer with a warrant to acquire a blood sample.
The officer may then have a phlebotomist or licensed medical professional come draw a blood sample on site or he or she may take you to have a blood sample drawn at a designated location.
Your DWI Arrest and the No Refusal Policy
If you were arrested for a DWI, the first step to take is to contact a lawyer who knows Texas DWI law. There are many misconceptions about the No Refusal policies, and it is important to understand what your rights are and to make sure those rights are being upheld at every step of your case.
Ken Gibson has extensive experience in defending those facing DWI charges in Texas and has a proven track record of achieving the best possible outcome for his clients. Contact Attorney Ken Gibson today to schedule a free no obligation review of your case.