Texas DWI Attorneys Boatwright & Hamilton have filed this Motion on Texas DWI  arrests: 

 MOTION TO EXCLUDE TEXAS DWI EVIDENCE OF REFUSAL
 TO TAKE CHEMICAL TEST BECAUSE OF FAILURE
 OF OFFICER TO GIVE DEFENDANT TEXAS DWI STATUTORY WARNINGS

TO THE HONORABLE JUDGE OF SAID COURT:

 Now comes Texas DWI Defendant in the above-entitled and numbered cause, and respectfully moves this Court to exclude evidence of Texas DWI refusal to take a chemical test to determine alcohol concentration because of the failure of the officer to give the defendant the required statutory warnings, and for good cause shows the following:
 1. On or about January 15, 2005, the Texas DWI defendant was arrested for the offense of Texas DWI Driving While Intoxicated, 3rd offense.
 2. The State intends to offer evidence at trial that the defendant refused to submit to a Texas DWI chemical test to determine alcohol concentration.
 3. Evidence of the Texas DWI defendant's alleged refusal should be excluded because the requesting officer failed to comply with the dictates of Texas DWI Section 724.015, Tex. Transp. Code Ann. (Vernon), in that the officer did not give the defendant the required statutory warnings either orally or in writing.
 4. Evidence obtained by an officer in violation of the Texas DWI laws of the State of Texas shall not be admitted in evidence against the accused according to Article 38.23, Tex. Code Crim. Proc. Ann., and therefore, evidence of the defendant's refusal should be excluded.
 WHEREFORE, PREMISES CONSIDERED, Texas DWI Defendant respectfully prays that this Court grant this Motion and order that the evidence of the defendant's refusal be excluded at trial and that the prosecuting attorney shall make no reference to the defendant's alleged refusal.
Respectfully submitted,

Boatwright & Hamilton, LLP
1005 Broadway
Lubbock, TX 79401
Texas DWI Attorney

1-800-DIAL-DWI

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