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Criminal Defense Areas of Practice
Assault
Domestic Violence
Drug Crimes
DWI
Felonies
Jail Release
Sex Offenses
Theft Crimes
FAQ
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Refuse No Refusal

Refuse No Refusal

- HT, Texas

Answer:

Several cities in the Austin area have started no refusal weekends. This means that if you are suspected of driving while under the influence the police will attempt to obtain a search warrant for your blood.

The consequences to you of refusing to provide a breath or blood sample means that you could lose your license. The benefits of refusal are that a search warrant may not be obtained, thus providing the police with one less piece of questionable scientific evidence.

Another benefit is that the police might obtain the warrant improperly and the evidence may not admissible. If you submit and you are legally intoxicated, you’re likely going to be convicted any way and you’re going to have much bigger issues than a license suspension.

Don’t be rude to the police, but politeness doesn’t require that you make their job easier as they try to convict you.

Don’t talk, don’t agree and don’t test. Don’t forcibly attempt to resist because you might beat the DWI and get convicted of resisting arrest or assault on a peace officer.



This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.
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The Law Office of Richard T. Jones - Austin Criminal Defense Attorney
Located at 1004 West Avenue Austin, TX 78701. View Map
Virtual Office: 1000 Heritage Center Circle Round Rock, TX 78664.
Phone: (888) 492-2612 | Local Phone: (512) 856-4022.
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