KRIEBEL LAW FIRM, PLLC - Protecting Your Rights

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"No Refusal" Policy

Bexar County has enacted a "no refusal" policy if you are pulled over for a DWI that is in effect 24/7. What does this mean and what should you do? If you are pulled over for suspicion of driving while intoxicated, the "no refusal" policy means that the police want to test your blood for evidence of your blood alcohol level. Their "no refusal" slogan/phrase is misleading. The district attorney and police would have you believe that you are not permitted to refuse their request to take your blood. This is not true. You should always refuse to submit to their request to take the field sobriety tests, the breathalyzer test, and the blood draw. By refusing, the officer must get a warrant to take your blood. We can later challenge the legal sufficiency of the warrant in court. If you consent, then it takes away my ability to fight the legality of the blood draw. If you wouldn't consent to the police searching your home, then do NOT consent to their taking your blood without a warrant. Once the officer has a warrant, cooperate and be polite but do NOT give consent at any time.

4 Comments to "No Refusal" Policy:

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Mike Tucker on Tuesday, January 17, 2012 8:29 PM
If you have more than a drink an hour just take a cab. Better to be safe than sorry.
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Jacqueline Kriebel on Tuesday, January 17, 2012 11:35 PM
I absolutely agree with you Michael! Be safe. Don't drive and drive.
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Robert Gebbia on Wednesday, January 18, 2012 12:56 PM
or sleep it off in the car.
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Jacqueline Kriebel on Wednesday, January 18, 2012 1:50 PM
Robert, "sleeping it off in the car" can still get you in trouble if your keys are within reach of where you are sleeping. Case law says that if you have the ability to drive the car and are inside the car, then that can be "driving" but it depends on the specific facts. If your car is imobilized, i.e. flat tires, dead batter, etc... then you may be able to prove inability to drive. However, these facts would be left to a jury. I would play it safe and have a designated driver or call a cab. You may be able to beat the rap but boy is the ride expensive!
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