In Collin County, law enforcement officers routinely conduct “Drive Sober or Else” weekends. During that no refusal weekend, those arrested for driving while intoxicated (DWI) will be asked to provide a breath or blood sample.
If they refuse, officers will seek a warrant from a judge. On-call judges stand ready to determine whether sufficient probable cause exists for a warrant. The driver’s blood will be drawn if the judge finds there is sufficient evidence of DWI and signs the warrant. The officers do not draw the blood. Rather, health care “professionals” are stationed at certain local jails for this purpose.
No Refusal Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
Were you arrested in Collin County for a no refusal DWI? You need to act quickly to get yourself qualified legal help.
The Law Offices of Richard C. McConathy have helped people all over Texas overcome all kinds of DWI charges. You can have us take a longer look at your case to see what we could do for you as soon as you call (469) 304-3422 or contact our firm online to schedule a consultation.
Texas’ Implied Consent Law
According to Texas Transportation Code § 724.011, if a person has been arrested for any driving while intoxicated offense in Texas, they are considered to have given consent to have their breath or blood chemically tested for the presence of drugs or alcohol.
Under Texas Transportation Code § 724.011, an alleged offender is deemed to have consented to submit to the taking of one or more specimens of his or her breath or blood for analysis to determine the alcohol concentration or the presence in his or her body of a controlled substance, dangerous drug, or other substance if he or she has been arrested for an offense relating to driving while intoxicated (DWI). If a peace officer arrests an alleged offender for DWI and the alleged offender refuses to submit to voluntarily submit the taking of a specimen, the officer can require the taking of a specimen of breath or blood under any of the following circumstances:
- The alleged offender operated a motor vehicle involved in an accident that the officer reasonably believes was caused by the DWI and as a direct result of the accident, a person has died or will die, or an individual other than the alleged offender has suffered serious bodily injury
- The alleged offender has been arrested for DWI with a child passenger
- The alleged offender has been previously convicted of or placed on community supervision for DWI with a child passenger, intoxication assault, or intoxication manslaughter, or on two or more occasions, he or she has been previously convicted of or placed on community supervision for DWI, flying while intoxicated, boating while intoxicated, or assembling or operating an amusement ride while intoxicated.
Information Police Officers Are Required to Provide in Collin County
Texas Transportation Code § 724.015 states that law enforcement is required to inform an alleged offender orally and in writing of the following:
- Refusal to submit to the taking of a specimen may be admissible in a subsequent prosecution.
- The alleged offender’s license to operate a motor vehicle will be automatically suspended—regardless of whether or not he or she is subsequently prosecuted as a result of the arrest—for not less than 180 days if he or she refuses to submit to the taking of a specimen.
- The officer can apply for a warrant authorizing a specimen to be taken from the person if he or she refuses to submit to the taking of a specimen.
- If an alleged offender 21 years of age or older submits to the taking of a specimen and an analysis of the specimen shows the alleged offender had an alcohol concentration of 0.08 or higher, his or her license to operate a motor vehicle will be automatically suspended for not less than 90 days, regardless of whether or not he or she is subsequently prosecuted as a result of the arrest.
- If an alleged offender is younger than 21 years of age and has any detectable amount of alcohol in his or her system, his or her license to operate a motor vehicle will be automatically suspended for not less than 60 days. If the alleged offender younger than 21 years of age submits to testing and an analysis of the specimen shows that he or she had an alcohol concentration less than 0.08, he or she may be subject to less severe criminal penalties.
- If the officer determines that the alleged offender is a resident without a license to operate a motor vehicle in Texas, the department will deny to the person the issuance of a license, regardless of whether or not he or she is subsequently prosecuted as a result of the arrest.
- The alleged offender has the right to a hearing on the suspension or denial within 15 days of notice of the suspension or denial.
Required Notice to Drivers in Texas
If a law enforcement officer has pulled an individual over on suspicion of DWI, they are required to give the driver certain disclosures under Tex. Transp. Code Ann. § 724.015. Before a law enforcement officer in Texas requests a blood or breath sample for alcohol concentration testing, they have to inform the driver of the following:
- Any refusal evidence can be used at a trial if the driver is subsequently charged with an offense arising from the same situation;
- If the individual chooses to refuse, they will receive an automatic driver’s license suspension, even if they are not later charged with a DWI offense;
- If the driver is 21 or older and they submit to testing but have an alcohol concentration level of .08 or higher, their license will automatically be suspended for at least 90 days, even if they are not later prosecuted for a DWI offense;
- If the driver is under the age of 21 and they submit to testing and have any alcohol in their blood or breath, their license will automatically be suspended for at least 60 days;
- If the driver is under the age of 21 and they refuse alcohol concentration testing, their license will automatically be suspended for at least 60 days; and
- If the driver receives an automatic license suspension, they are permitted a hearing within 15 days of receiving notice of the suspension.
Drivers Can Refuse DWI Testing
According to section 724.013 of the Texas Transportation Code, drivers pulled over on suspicion of driving while intoxicated in Texas are permitted to refuse chemical alcohol and drug testing of their breath or blood, except in certain situations. Even if the driver refuses, a law enforcement officer can chemically test the individual’s blood or breath if:
As a result of a vehicle or boating accident, someone other than the driver has died, will die, or suffered a serious bodily injury;
The driver had a child passenger in the vehicle; and/or
The driver has previously been convicted or placed on community supervision of at least one DWI with a child passenger, DWI assault, DWI manslaughter, or any two or more DWI offenses.
However, if the individual does refuse to submit to testing, they can receive an administrative license suspension.
Administrative License Suspension in Dallas
When an individual refuses to submit to chemical testing of their blood or breath for the presence of alcohol or drugs, their license will automatically be suspended for 180 days for a first refusal even if they are not later charged or convicted of a DWI offense.
According to Texas Transportation Code § 724.035, a driver will receive an automatic two-year suspension if, within the preceding ten years, they have previously refused to submit to testing, were convicted of any DWI offense, or previously failed to pass a blood or breath intoxication test.
Although a driver under the age of 21 is subjected to the same administrative license suspension periods for chemical test refusal as drivers over the of 21, if they agree to submit to chemical testing, and their alcohol concentration level or BAC was under the legal limit of .08, they may receive lighter penalties if they are subsequently convicted of a DWI offense.
Administrative license suspensions are effective 40 days after the driver received notice of the suspension. A driver is usually considered to have received notice if the officer took their license at the time of refusal.
Drivers are permitted to have an administrative license hearing to determine if the suspension was justified under Tex. Transp. Code Ann. § 724.041. They must request the hearing in writing within 15 days of receiving notice of the suspension. The driver’s license suspension is delayed until a decision has been made by the judge at the hearing.
Collin County No Refusal DWI Resources
MADD “No Refusal” DWI Workshop — Mothers Against Drunk Driving invited active judicial, prosecutorial, law enforcement, and highway safety professionals at the state and local level, including Traffic Safety Resource Prosecutors and Judicial Outreach Liaisons that were interested in implementing No-Refusal programs. Participants and presenters who will be selected were selected through a cooperative process between MADD and the National Highway Traffic Safety Administration (NHTSA). Topics included gaining an advanced understanding of procedures, methods, and tactics for the streamlined handling of matters related to the issuance of warrants and obtaining blood samples. The topics also included fostering a discussion of the responses to the McNeely vs. Missouri Supreme Court decision. The No-Refusal DWI Workshop was held in Denver, Colorado on July 8th and 9th, 2014.
Anatomy of a DWI “no-refusal weekend” – TDCAA — View this September-October 2007 document addressing no refusal weekends in Texas. The article discusses how the Harris County DA’s Office formed a Vehicular Assault Team (VAT) to focus energy on cases and established a new program called “no-refusal weekends” to ensure a breath or blood sample from every suspect pulled over for suspected DWI, full prosecution of these offenders, and, more importantly, to decrease the numbers of fatalities over holidays. As far as the future goes, the county will continue the program, which should be in effect for every major holiday with a final study of results and refusal rates.
Find an Attorney in Collin County for a “No Refusal” DWI Arrest | Law Offices of Richard C. McConathy
If you were arrested for DWI during a “no refusal” weekend by an officer with the Collin County Sheriff’s Office, the McKinney Police Department, the Frisco Police Department, the Plano Police Department, or the Allen Police Department, or by a Texas State Trooper while driving down I-75, then contact an attorney with Law Offices of Richard C. McConathy at (469) 304-3422 today.