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Drivers should be aware of and understand Austin’s no refusal DWI laws in case they are pulled over and charged with drunk driving. Austin implemented the no refusal DWI initiative to lower DWI levels during the holiday season. The government extended the law to the weekends to further reduce drunk driving. Being pulled over and charged with drunk driving can be a traumatic experience. Knowing what’s involved in Austin no refusal DWI arrests will help you know what to expect as well as what your rights are in the event of an arrest.

What to Expect

If an officer makes a stop and expects someone of drunk driving, they typically ask the driver to submit to a variety of sobriety tests. Tests often involve walking in a straight line and demonstrating other simple motor skills to determine the level of impairment. Every driver needs to know that it is their right to refuse to participate in these tests. This is true even under the Austin no refusal DWI rules. However, the police officer can then require you to submit to a blood test.

When a driver refuses a test, a police officer can request a warrant to force a blood test to determine intoxication levels. This requires the officer to call a judge that will issue the warrant. Any warrant request also requires a written statement from the officer to justify a blood test. The police officer will typically take the driver to a medical facility for a test after obtaining a warrant. In some instances, a medical professional will travel to the officer to take a sample.

What to Do

Drivers need to understand that officers can be expected to pressure them to voluntarily submit to sobriety tests with threats of no refusal blood tests. Drivers shouldn’t hesitate to request that police officers receive a warrant for a blood test before participating. However, make sure you remain polite and calm. Police often video record their interactions with people. Acting belligerently or escalating the situation will not help your chances in court if it comes to that.

Under Austin’s no refusal DWI laws, you must submit to a blood test if the officer receives a warrant for it. If you have been charged with DWI, it’s imperative that you call your lawyer as soon as possible. Contact the attorneys at Stephen T. Bowling & Associates for the best Austin DWI and criminal defense in the greater Austin, TX area.

Austin Office
816 Congress Ave, Suite 950
Austin, Texas 78701

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700 N St Mary’s St, Suite 1457
San Antonio, Texas 78205