Legal Question in DUI Law in Texas

Is the "No Refusal" for DWI a program or law? Also is it unconstitutional? What about civil rights and/or Amendment?


Asked on 12/31/10, 6:45 pm

1 Answer from Attorneys

Gary Thomas Gary Thomas Law Office, P.C.

You always have a right to remain silent. You always have a right to refuse to take a breath test and a blood test. There are some instances where the law allows the police to get a search warrant to have an authorized person draw blood from you, and you can challenge the legtality of the warrant in court if you plead not guilty. Given the way your question is worded and the lack of information with it, that is all the information I am able to provide to you. "No refusal" could be a law or could be a program -- it depends on what kind of "no refusal" you are talking about. It may or may not be consitutional, depending on the facts and circumstances. You do have certain civil rights to protect you and there are constitutional amendments like the 4th amendment that protect you. I cannot tell you what rights and what amendments without any facts.

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Answered on 1/11/11, 11:15 am


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