No Refusal Dates in Montgomery County, Texas | Best DWI Defense Attorney

July 1, 2023

What Does “No Refusal” Mean in Montgomery County, Texas?

You might have heard the advice to always refuse a breathalyzer if you are pulled over for a suspected DWI.  But what should you do if it is a  “no refusal” date? 

The term “no refusal” refers to a program implemented by the local law enforcement agency that allows officers to get a blood test from a driver suspected of a DWI who refuses a breathalyzer. 

Montgomery County’s District Attorney’s office has a nationally-recognized No Refusal Program. For this program, they designate certain weekends, holidays, and other random dates as no refusal. 

How Does “No Refusal” Work? 

When an officer makes a DWI arrest, they will ask the suspect for a breath sample. Often, the suspect will refuse. Without a breathalyzer sample, there is no way to prove blood alcohol content at the time of arrest. This helps in defending a DWI.

But, on no-refusal dates, there is a prosecutor on call to request a search warrant for a blood sample. 

The prosecutor and the officer work together to draft the search warrant. Then, they send it to the on-call judge for review. The judge is making sure that there is probable cause for the search warrant. 

Once the judge approves and signs the search warrant, the prosecutor gives the signed warrant back to the police officer. Then, a nurse takes a sample of the person’s blood. 

The prosecutor, judge, and nursing teams are all on call on no-refusal days. Because they are working together, this process happens very quickly and efficiently. Their goal is make sure that the district attorney’s office collects the scientific evidence needed to prosecute a DWI case.

Why You Need The Best DWI Defense Attorney in Montgomery County

Even if you were arrested on a no refusal date and have a blood sample with a blood alcohol level over the allowed limit, there is hope for your case. 

Steve Dennis has gotten DWI cases in Montgomery County dismissed many times- even from arrests that happened during a no refusal date. 

Whether it is finding problems with the reason for the officer stopping the vehicle or issues with the blood warrant,  Steve has the right strategy to defend your DWI and get you the justice you deserve. 

He will apply his decades of experience with defending DWI cases and his relationship with the Montgomery County District Attorney’s office to get you the best deal possible. 

With Fourth of July around the corner, stay safe on the road. Don’t drink and drive. But if you do find yourself arrested for a DWI this holiday weekend, contact Steve Dennis now for your free consultation.