No Refusal for DWI Stops

 Posted on June 06, 2021 in Uncategorized

We all enjoy heading to the beach or the lake for Memorial Day weekend, out to watch fireworks for the Fourth of July, or to a friend's party for the Superbowl. But did you know that Texas police departments can implement "no refusal" policies during holiday weekends and high-traffic events? During Atascosa County's Poteet Strawberry Festival weekend in April, that's exactly what the police did. The Texas Department of Public Safety announced the Wednesday before the festival that it intended to crack down on drinking and driving during the celebration. The "no refusal" trend is taking place in all counties across Texas and for some counties, like Harris County, it is not just on the weekend, it is 24 hours a day, 7 days a week.

Other recent events that triggered "no refusal" weekends in Texas recently include:

• Memorial Day
• Fourth of July
• Labor Day
• Halloween
• Christmas through New Years
• Thanksgiving through Christmas
• Concerts
• Sporting Events
• Local Festivals

No Refusal Policy for Texas DWI Stops

Once upon a time, Texas had an "implied consent" law, meaning that adults with a Texas driver's license automatically consented to blood alcohol testing if the police stopped them on suspicion of driving while intoxicated. The Texas Supreme Court ruled the law unconstitutional in 2014, stating that it violated the 4th Amendment. Now, if you refuse BAC testing during a DWI stop, the police may arrest you and take you to jail. Then they'll have to obtain a search warrant to obtain a blood test. By the time they do this, your blood alcohol level may have changed up or down--for better or worse.

Now, police departments across Texas will hold "no refusal" events where it is much easier for them to obtain a warrant for a blood test, even if you refuse initial BAC testing. If the police pull you over for suspected DWI during a "no refusal" event and you refuse BAC testing, the police will get a warrant for a blood test. Local law enforcement agencies will have a magistrate on call to expedite the review of warrants for blood tests for suspected DWI cases. If you still refuse chemical testing and police arrest you anyway, you can face a longer administrative suspension of your Texas driver's license.

Hire a Texas DWI Expert

If you're facing a DWI charge from a "no refusal" weekend, it doesn't mean that you'll automatically be convicted. Blood tests showing a BAC over.08% can be more difficult to overcome. But a Board Certified DWI expert will know the best way to challenge those results after analyzing the facts in your case. That's why you need a defense attorney who is Board Certified in both DWI defense and criminal law. Only attorneys Board Certified in these specialties can claim the title of "expert" in Texas.

Attorney Doug Murphy is one of only two attorneys in Texas who is Board Certified in both DWI Defense and Criminal Law. Doug also understands how frightening it can be to have a young driver arrested for a DWI in Texas. He has more than 22 years of experience fighting to protect the rights of his Texas clients. Best Lawyers in America recently named Doug the "Lawyer of the Year" for 2021 for DWI defense, and he can help you too. Call us at 713-229-8333 today to set up a consultation.