The Truth Behind “No Refusal Weekends” in Texas
Around holidays such as Independence Day and New Year’s Eve, and other special events like the Superbowl and Mardi Gras, you may see “No Refusal” notices on billboards and in TV commercials throughout Texas.
Talk to a Houston DWI Attorney, call (281) 853-8537 for a free consultation.
Houston No Refusal Weekends | Facts, Process, Procedures
During a “No Refusal Weekend” Texas law enforcement groups advertise that they have the ability to draw blood from a DWI suspect even without that person’s consent. What is this really about?
Each year, law enforcement groups in Texas arrange “No Refusal Weekends” in which police and prosecutors focus on arresting citizens for Driving While Intoxicated, or DWI.
This is accomplished by assigning more officers to DWI Task Force operations and Traffic Control operations during these time periods. If an individual is pulled over and later arrested for DWI, the police will request that the person submit to a breath or blood test.
If that person refuses to do so, as is their right under Texas law, during “No Refusal” time periods, the police will seek to obtain a search warrant authorizing them to draw a specimen of that person’s blood without his/her consent.
To do this, prosecutors and Judges also make themselves available around-the-clock in order to assist police officers as they apply for these search warrants.
Once they are prepared, these documents are presented to a Judge, and, if that Judge believes there is probable cause to believe that the individual arrested is intoxicated, the Judge will issue a search warrant to gather a specimen of blood.
This warrant will be presented at a hospital or to a technician hired solely for the “No Refusal” time period, and the technician will draw a blood sample.
It is worth noting that some jurisdictions, like Harris County, Texas, engage in “No Refusal” programs 24/7/365.
That’s right, there are always prosecutors and Judges on stand-by in Harris County, Texas, just waiting to assist police officers if a DWI suspect refuses a breath or blood test.
The Truth Behind No Refusal Weekends
The blunt truth about these weekends: the goal here is for the state to arrest a greater number of suspected drunk drivers during these weekends where, statistically, there are more people driving after having consumed alcohol. -Houston Defense Attorney
Law enforcement wants to get drivers processed more quickly and they want to try to capture the highest alcohol concentration that they can.
Another Truth: Law enforcement calls these time periods “No Refusal” Weekends in order to make you think that you must submit to their tests.
You Can Still Refuse Sobriety Tests!
Citizens should not be confused. You still have the right to refuse to provide a breath or blood specimen once arrested for DWI.
These efforts by law enforcement are designed to build a criminal case against the accused. However, if the police obtain a search warrant for your blood, you must comply by law.
Contact a DWI Defense Attorney (281) 853-8537
If you are pulled over during a No Refusal Weekend and submit to a blood or breath test, contact an Attorney immediately to discuss your case.