Will I Get Arrested if I Refuse to Go Through a Texas DWI Checkpoint?

July 1, 2020

A Texas DWI checkpoint is aimed to deter drunk drivers, particularly on busy holiday weekends. The checkpoint enables a law enforcement officer to stop and interview a motorist in order to assess whether he or she looks intoxicated. On some specific holiday weekends, the law enforcement in the state may even set up a “No Refusal” DWI checkpoint.

If the police stop you at a “No Refusal” Texas DWI checkpoint and determine that you are intoxicated, you could face an arrest, be charged with DWI, and taken to jail. But the phrase “No Refusal” for DWI checkpoints can be misleading. You need to have a skilled Texas DWI attorney by your side who will fight to protect your rights. 

How Do DWI Laws Work in Texas?

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If a law enforcement officer in Texas suspects of your drunk driving, they may request you to take a blood test. You will have three options at that point: (a) Refuse to submit to the test; (b) Submit to a blood test; (c) Submit to a breath test. If you choose the first option and refuse the test, the implied consent law in Texas will come into play.

In this case, your driver’s license may be suspended, and the police officer might detain you until they can get a warrant. Nowadays it is possible to obtain an electronic warrant even at odd hours. A judge can sign it electronically and send it to the police officer’s phone. After obtaining the warrant, the police officer can even use force to obtain your blood sample.

They could handcuff you and keep you restrained until your blood sample can be obtained at a medical center. These laws will also apply to a “No Refusal” Texas DWI checkpoint as well. You retain your right to refuse a sobriety test even at the “No Refusal” checkpoint. But as discussed above, the law enforcement officer can obtain a warrant and forcefully submit you to this test. 

How a Texas DWI Attorney will Defend You?

A seasoned drunk driving lawyer in Texas will know that claiming the illegality of DWI checkpoints as a defense is not likely to work. But they prepare a robust strategy to defend you in court. Your attorney may be able to establish that your breathalyzer sample was incorrectly obtained or the calibration of the breathalyzer device is improper.

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If the breathalyzer results or the process to obtain the sample can be shown to be faulty, that evidence may become inadmissible in court and the DWI charges against you may be dropped. In some cases, your Texas DWI attorney may be able to prove that the process of your arrest itself was illegal, which could result in a case dismissal.  

Get Legal Help from a Top-Rated DWI Lawyer in Texas

It is vital to evaluate the circumstances of your DWI arrest and the legality of your charges as soon as possible after the incident. At Flood & Associates, we have the experience and the resources to build a solid defense for your case.

We will closely examine the legal intricacies involved in your arrest and the process of your breathalyzer or blood test, and take all necessary steps to protect your rights. Call us at 713.224.5529 for a free case review or contact us online.


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Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
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