no refusal dui

Another No Refusal weekend was implemented recently over the Halloween holiday in Texas.  This follows No-Refusal weekends that took place this past Labor Day and Fourth of July.

These No-Refusal weekends are being put into place during holiday weekends that are celebrated heavily by drinking alcohol. During a No Refusal weekend, officers have the right to obtain a warrant allowing them to conduct blood alcohol tests on those they’ve pulled over for DWIs if they’ve refused to comply with a Breathalyzer test.

This initiative continues to be implemented at a time when Texas is experiencing some of the highest DWI rates in the country. The most recent study conducted by MADD revealed that over 15,680 people experienced injuries from alcohol-related accidents and 1,337 died from alcohol-related crashes in 2013.

It’s clear that law enforcement authorities have implemented this policy in order to reduce drunk drivers on the roads and to create a safer environment. Typically, several checkpoints are set up in various parts of the city to assure that drunk drivers are taken off the roads. However, it is crucial to fully understand your rights if you are pulled over for a DWI during a No Refusal period.

As a driver, if you arrive at a checkpoint and are suspected of being intoxicated, an officer might ask that you submit a blood or Breathalyzer test. You then have three options as a response.

• Agree to a blood test
• Agree to a Breathalyzer test
• Reject any type of test

If you reject a test and are suspected of a DWI, it is legal for an officer to detain you until a warrant is obtained, allowing them to force you to provide a blood test.

It’s important to know that if you’re pulled over for a DWI, you should immediately call a criminal defense attorney to lead you through the entire process. At Corso Law Group, we always remind Texans that this contact should be the first step you take if you are ever in this situation.

Upcoming holidays, including New Year’s Eve, are expected to be accompanied by No Refusal initiatives, similar to last year where law enforcement agents administered 14 blood tests and arrested 26 people. With police officers stating that these initiatives are successful, No Refusal weekends are most likely here to stay.

If you are pulled over for a DWI or traffic citation, please contact Corso Law Group immediately at (713) 231-0499.

Texas and Arizona are two of nine states currently implementing “No-Refusal” initiatives for DUI stops.

The National Highway Traffic Safety Administration (NHTSA) sponsors special DUI efforts called “No-Refusal” DUI Weekend Initiatives that enforce blood alcohol content testing for those who are arrested on suspicion of driving while intoxicated. Currently, nine states including Arizona, Florida, Idaho, Illinois, Kansas, Louisiana, Missouri, Texas and Utah conduct.

The “No-Refusal” program is an enforcement strategy that allows police to more easily obtain search warrants for blood samples from suspected impaired drivers who have refused to consent to breath tests, the NHTSA said.

During these “No-Refusal” weekends, officers are allowed to request warrants via phone from on-call judges or magistrates.

This enables law enforcement to legally acquire proper blood samples from drivers who refuse to give a breath sample. During these specified enforcement efforts, prosecutors and judges make themselves available to streamline the warrant acquisition process and help build solid cases that can lead to impaired driving convictions.

Under normal DUI checkpoint and arrests circumstances in general, the driver is taken to a hospital for blood to be drawn if a judge issues a warrant for the test. During “No Refusal” initiatives, a registered nurse is at a jail to draw blood onsite.

The American Civil Liberties Union (ACLU) criticizes “No-Refusal” policies because they violate the driver’s rights against unreasonable search and seizure. Some judges agree, and refuse to participate in these efforts because of legal uncertainties regarding the mass warrant issuing process.

Others say that “No-Refusal” weekends are like any other day for law enforcement.

“That officer has a legal avenue (of seeking a warrant from a judge) that they can take regardless of the ‘No Refusal’ weekend,” Johnny Poulos, director of public affairs for the Mississippi Highway Patrol, said in USA Today about a recently conducted “No-Refusal” initiative.

The chance of being caught driving drunk, arrested and convicted increase when “No-Refusal” checkpoints are taking place, so efforts are often highly publicized. The public is made aware of the consequences, and judges are notified of the initiatives as well because of the increased amount of calls they will receive from officers for warrants.