What You Need to Know About DWI Arrests on No-Refusal Weekends

 Posted on January 12, 2024 in DUI/DWI

Over the New Year’s holiday weekend that ran from December 28, 2023 to January 1, 2024, there were more than 200 arrests for DWI in Houston and Harris County. These arrests occurred as part of an initiative by law enforcement to crack down on drunk driving and improve public safety. As part of this initiative, the holiday weekend was a "no-refusal weekend" in which district attorneys worked together with police to issue warrants that allowed for blood tests of DWI suspects.

If you were arrested for DWI over the New Year’s holiday, or if you have been charged with DWI following a blood test, you will need a strong legal advocate on your side to help you defend against a conviction. An attorney who is skilled and experienced in DWI cases can help you understand the best ways to address the charges against you, the results of blood alcohol tests, and any other issues that may affect you as you work to prevent a criminal conviction and limit the ways a DWI charge will affect your life.

What Is a No-Refusal Weekend?

Following a DWI arrest, police will attempt to obtain evidence that can be used to show that a person was driving while intoxicated by alcohol or drugs. In many cases, the best form of evidence is a blood sample that can be analyzed to evaluate a driver’s blood alcohol content

While "implied consent" laws require drivers to submit to blood alcohol testing after being arrested for DWI, a person can refuse to give consent in hopes that they will not give police evidence against them. This refusal will result in an automatic suspension of the person’s driver’s license, but this may be seen as a preferable alternative to a DWI conviction.

If a driver refuses to submit to blood testing or a breathalyzer, police may request a search warrant from a judge. By demonstrating that they had probable cause to perform an arrest because they believed the person was driving while intoxicated, the judge may allow for a blood sample to be taken against the person’s will

Because there is a limited window of time in which blood alcohol testing must be done to prove that a person was intoxicated while driving, law enforcement officials have taken steps to expedite the process of obtaining search warrants. During "no-refusal weekends," which usually take place during times when police expect to encounter high levels of drunk driving, judges will be on-call to provide search warrants as soon as they are requested. This allows blood tests to be performed quickly so that police will be able to obtain and preserve evidence of drunk or drugged driving.

Addressing a DWI Blood Test Evidence

If you were arrested and forced to give a blood sample during a no-refusal weekend, it may seem like you will be unable to defend against a DWI conviction. However, this could not be further from the truth. A skilled and experienced attorney can help determine the best ways to challenge blood test evidence and defend against DWI charges. In many cases, lab errors may occur during blood tests, and the evidence against a driver may be inconclusive. It may also be possible to challenge the reasons that police performed a traffic stop in the first place or demonstrate that a person’s rights were violated by law enforcement

Contact Our Houston DWI Defense Attorney for No-Refusal Weekend Arrests

At Murphy & McKinney Law Firm, P.C., our Board-Certified attorney can help you determine your best options following an arrest and a criminal charge of DWI. Doug Murphy has successfully defended numerous clients in these situations, and he knows how to challenge the practices used by police officers and the evidence obtained in blood tests. He is ready to help you prevent a conviction and avoid the penalties and consequences that may affect multiple areas of your life. To learn how our Harris County DWI defense lawyer can assist with your case, contact us today at 713-229-8333 and set up a free consultation.

Sources:

https://www.fox26houston.com/news/houston-drunk-driving-initiative-nearly-200-dwi-related-charges-filed

https://www.khou.com/article/news/local/houston-texas-2023-new-years-weekend-dwi-arrests/285-edee10be-ce32-413a-9cad-6008531d9fc7