Texas Defense Firm | August 14, 2023 | DWI
As the Fourth of July looms, counties across Texas are preparing for another “No Refusal” week(end). What this means for drivers arrested for Driving While Intoxicated is that even if you refuse a breath or a blood test, an officer may very likely seek a warrant for your blood.
Texas has what is called the “implied consent” law. Don’t remember this from your driver’s education handbook? That’s not unusual – most people don’t. What this means is that as part of your agreement with the State to receive your driver’s license, you impliedly consent to give a breath or a blood test if requested by an officer if you are suspected of DWI. Of course, you can refuse, but be aware that carries with it some penalties, including the suspension of your license and the fact that your refusal may be used as evidence against you in a court of law.
On a “No Refusal” weekend, officers have judges standing by, ready to sign off on warrants to take your blood if you refuse a breath or blood test. Officers are required to provide sufficient information for a judge to make a finding of probable cause from the face of the warrant. Do errors sometimes happen? Of course. An attorney will be able to later examine that warrant to see if all the proper protocol was followed, and if not, to try to suppress that evidence (meaning it can’t be used against you in court). But if the warrant is solid and protocol was followed, the State may have another piece of evidence against you.
So if you’re planning on being out on the road this July 4th holiday, be prepared. Have a designated driver, hire a cab, or if you find yourself in handcuffs, contact us as soon as possible so we can start working on your case.
Contact Our McKinney Criminal Defense Attorneys For Legal Help
If you’ve been charged with a crime in McKinney or Dallas and need legal help, contact our skilled criminal defense attorneys at Texas Defense Firm. Schedule a confidential consultation today to discuss your case and protect your rights.
We proudly serve Collin, Denton, Kaufman, and Rockwall counties and the surrounding areas. Visit our law offices at:
Texas Defense Firm – McKinney Office
7300 State Highway 121 Suite 400
McKinney TX 75070
(972) 369-0577
Available 24/7
Texas Defense Firm – Dallas Office
4100 Alpha Rd Suite 476
Dallas TX 75244
(469) 365-2228
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