Driver's Rights
Bexar County DWI Lawyers
One of the most common questions we receive is: Should I take a field sobriety test or breathalyzer test? The answer is, "It depends". You do have rights. An experienced DWI lawyer can advise you. At the Bexar County law offices of Kyle Simpson and Charles Gold, we advise people about their rights and options before, during and after legal proceedings charging drunk driving.
Can I Refuse a Blood Alcohol or Field Sobriety Test?
For example, there are only a few instances when it is illegal for you to refuse a blood, breath or field sobriety test. If you are involved in a fatal accident or an accident in which someone was seriously injured, an officer has the right to request a blood draw; you do not have the right to refuse. Similarly, if you are arrested for DWI with a child in a car seat or have had previous DWI convictions, you do not have the right to refuse a blood draw. In all other instances, you have the right to refuse a blood draw or a field sobriety test.
No Refusal Weekends
A recent complication is the introduction of "no refusal" weekends that permit law enforcement to administer blood draws or breath tests, even if the subject does not meet the usual criteria outlined above. A police officer can force you to submit to a blood draw or obtain a search warrant that requires a blood draw. In Bexar County, every weekend is a "no refusal" weekend.
Does Exercising My Right to Refuse Come With Penalties?
There are consequences to refusing a field sobriety test (FST). You will probably be arrested, but you will probably be arrested anyway on suspicion of DWI. You have the right to refuse. Refusing a blood alcohol content (BAC) test has statutory penalties that include automatic license suspension, but there may be very good reasons that you wish to limit the amount of evidence you provide after a traffic stop. As with "non refusal" weekends, officers can seek a warrant to force a blood test.
The bottom line: Knowing your Texas DWI rights is highly important. We urge drivers to educate themselves before they need information.
Contact Our San Antonio Drunk Driving Defense Attorneys
For information about drivers rights in DWI cases, contact our San Antonio law firm. We offer a free initial consultation, accept credit cards and will work with you to develop a payment plan that meets your needs. Call 888-392-1813 toll free.
