District attorneys throughout Texas are pushing for more no-refusal weekends, according to Houston News. This program allows officers to quickly seek search warrants to obtain a blood sample when a suspected drunk driver refuses to take a Breathalyzer breath alcohol concentration (BAC) test.
No-Refusal weekends are designed to reduce Texas drunk driving. This law enforcement tool is predicted to become more common in upcoming months and throughout 2012.
Why Are No-Refusal Weekends Necessary?
No-Refusal weekends are designed to reduce drunk driving in two ways:
- Increased publicity may deter drunk driving; and
- Every suspect must submit to a breath or blood test, which ultimately aids in prosecution and takes drunk drivers off the road.
When a driver suspected of driving while impaired (DWI) is pulled over, an officer first requests a breath sample to determine the driver's BAC. If the breath test is refused, the officer will apply for a search warrant to obtain a blood sample.
On-call judges are available to quickly issue warrants. Once a warrant is issued, the officer can take the suspect to a central location to have a blood sample drawn.
It can be difficult to challenge a driving while impaired (DWI) charge that results from a blood test. However it is not impossible, a blood alcohol test attorney can review the individual circumstances and advise whether any defenses are available.
Results of New Year's No-Refusal Weekend
The New Year's No-Refusal event resulted in 177 arrests for drunken driving across Harris County. Of that group, 35 individuals refused to take breath tests and were required to provide blood samples.
No-Refusal weekends are not a novel concept in Texas. Implementation began in 2005 as a result of the high breath test refusal rate. These events generally take place over holiday weekends, when DWI rates are highest.
Fighting DWI charges can be costly and a conviction carries heavy penalties that may include fines as well as jail time. When so much is at stake, it is important to discuss any charges with a knowledgeable DWI lawyer, who will review the individual circumstances and provide advice on how to proceed.
