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The "No Refusal" DWI program in Bexar County has drawn sharp criticism for forcing blood draws on citizens who refuse to submit to a breath, blood or urine test after a drunk driving arrest. Taking a person's blood by force based on an allegation he or she committed a misdemeanor often leads to a challenge for violations of local procedures, state laws and unreasonable seizures under the Fourth Amendment.
Under the "no refusal" policy, a person who refused to submit to chemical testing could be brought before a judge and, if appropriate, a warrant would be signed to require a blood draw. This is a harsh reality after a DWI arrest. The stated goal of the policy is to discourage refusals and increase conviction rates for DWI.
Drunk driving charges should be taken seriously no matter the circumstances. However, refusing to submit to a chemical test after a DWI arrest now has become one of the most complicated and invasive parts of the process. If you were arrested for a DWI and refused a chemical test, contact a San Antonio DWI attorney at Goldstein, Goldstein, Hilley & Orr.
DWI cases already are complex, but refusing to submit to a chemical test in Bexar County can complicate the process more. These cases should be challenged by experienced criminal defense lawyers. At Goldstein, Goldstein, Hilley & Orr, we fight these cases aggressively and make sure your rights are represented. Call us at 210-226-1463 to talk with a DWI defense lawyer about your case.
Texas is one of several states that is an implied consent state. Under Texas law, implied consent means a driver is presumed to have consented to a chemical test when it is lawfully requested by a police officer. A lawful request requires that the officer have probable cause that the driver is impaired by alcohol or a controlled substance.
The Bexar County District Attorney's Office has created a "no refusal policy" that permits the police officer to seek a search warrant to take a forced blood draw if the driver refuses to submit to a requested chemical test of his or her breath, blood or urine. The goal of the program is to increase conviction rates for DWI throughout the county.
The "No Refusal Policy" in Bexar County is extremely controversial. It began on May 24, 2008, for use during certain holidays. In 2011, the program was extended to all weekends. On Oct. 24, 2011, the "No Refusal Policy" was in place on a continuous basis for any DWI arrest, no matter when it occurred.
The Bexar County District Attorney's Office has reported 7,649 total DWI arrests in 2013. Of the total number of arrests, 3,364 involved a blood draw. In 2013, arrests were made for the following types of DWI related offenses as follows:
If you were caught up in Bexar County's No Refusal DWI policy, contact an experienced criminal defense attorney at Goldstein, Goldstein, Hilley & Orr. We fight DWI cases with innovative motions to suppress the results of a chemical test of the driver's blood, breath or urine for cases in San Antonio and the rest of Bexar County. Call the attorneys at Goldstein, Goldstein, Hilley & Orr at 210-226-1463 to discuss your case today.