In Texas, when a driver is suspected of driving under the influence of alcohol, they are usually allowed to refuse to participate in roadside breath testing. Unfortunately, at certain times of the year in some counties, a no refusal rule is in effect for DWI traffic stops. No refusal policies are often associated with holidays, and counties across Texas are conducting a no refusal holiday from now through the end of the year.
In the places where the no refusal rule is in effect, when a driver who is suspected of driving under the influence of alcohol is stopped by law enforcement officers and refuses to take a breathalyzer test, the police can immediately obtain a warrant to draw their blood and test it for alcohol. Any driver whose blood alcohol content is found to be above the legal limit goes straight to jail.
The no refusal policy may seem intimidating, and it does enable law enforcement officers to take blood from drivers against their will. Fortunately, the no refusal policy does not affect some of the other have rights that you have during a traffic stop. For example, you still have the right to say as little as you would like in response to questions regarding where you have been, where you are going, and whether you have been drinking. This includes refusing to answer the questions. You are also free to refuse to perform field sobriety tests, and to decline to give the police permission to search your car.
Exercising your rights during a no refusal traffic stop can prevent the law enforcement officer from collecting important information from you. A blood test result is just one type of information that the prosecution can use to support a finding that you were driving under the influence of alcohol. The less other information you give the law enforcement officer about you, the less evidence they will have to support a finding that you were driving under the influence of alcohol.
In addition to supplying as little information as possible to law enforcement officers, there is something else that you can do to give yourself a better chance of avoiding a DWI. Contact a Texas DWI Defense Attorney right away, so that you can have the legal support that you need during your DWI case. There are ways to challenge the validity of certain types of information that the prosecution may have, such as a blood test result. From problems with the warrant to mishandling of the sample at or on the way to the lab, there are plenty of opportunities for things to occur that could result in the result of your blood test being excluded from evidence.
The no refusal rule that is periodically in effect in some Texas counties is inconvenient, to say the least. However, if you are pulled over during a no refusal effort, remember that you blood test result is not a slam dunk conviction for the prosecution. A Texas DWI Defense Attorney can help you fight back against DWI charges. To lean more, please call Jack Pettit, Attorney at Law, today, at 214-521-4567.