If you plan on attending a Halloween party in Texas later this month, there is something that you definitely should know. Holiday weekends, including the weekend of Halloween, are considered to be “No Refusal” weekends in many cities and counties throughout Texas. During a No Refusal weekend, individuals who are suspected of driving under the influence of alcohol will be told by police that they must submit to roadside breath or blood alcohol testing. Any driver who refuses to submit to roadside breath or blood alcohol testing during a No Refusal weekend will automatically be arrested, and a blood sample will be obtained from them while they are in police custody.
The procedure for obtaining blood samples from drivers who refuse roadside testing during No Refusal weekends may vary slightly from location to location. In most places, the procedure begins when a driver suspected of DWI refuses to submit to roadside breath or blood testing. The police take the driver into custody and transport them to a location that has been designated as the central processing facility for all DWI suspects. The facility may be a jail, but in some places, a mobile blood draw van or a hospital is used instead. While the driver is in custody, the officer applies for a blood draw warrant from a night judge. If the warrant is issued, a nurse or other medical professional obtains the blood sample from the suspect.
When the No Refusal rule is not in effect, Texas drivers who are suspected of DWI may refuse to submit to roadside breath or blood testing, with the only consequence being license suspension. According to state-wide statistics, the rate of refusal is about 50%, with repeat DWI offenders refusing breath testing about 70% of the time. The threat of arrest and involuntary blood alcohol testing during No Refusal weekends drastically lowers the refusal rate to about 25%.
The important thing to remember about No Refusal weekends is that traffic stops during those weekends are no different than traffic stops at any other time. If a police officer has pulled you over to investigate the possibility that you are driving under the influence of alcohol, the officer has already made up his or her mind that you are impaired. Do your best to remain calm, and treat the officer with respect as you politely say as little as possible except to identify yourself and provide proof of insurance. The less information you provide to the officer, the less information the officer has to put in the application for a blood draw warrant, and the less likely it is that the warrant will be issued.
Even if you are calm and respectful during the traffic stop, and you do not provide the police officer with much information, the officer may still obtain a blood draw warrant and take you into custody. If you are taken into custody, continue to remain silent and ask to speak with an attorney. A knowledgeable Texas DWI defense attorney can scrutinize the blood draw warrant, the handling of the blood sample, the accuracy of the blood test results and the integrity of the procedure for taking and handling the blood sample, among other things.
If you are charged with DWI during a No Refusal weekend or at any other time, it is important that you get help from an experienced Longview DWI attorney. Attorney Alex Tyra has been providing top quality legal defense services to East Texas clients since 1998. For a free consultation, call our Longview office at (903) 753-7499 or submit a case contact form via our law firm website.
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