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What Is the No-Refusal Policy Under Texas DWI Law?
In April 2021, the Texas Department of Public Safety (DPS) announced a no-refusal policy for DWI tests during the annual Poteet Strawberry Festival in Atascosa County. Under the policy, no one arrested on suspicion of DWI that weekend could legally refuse a breathalyzer or blood alcohol test. If any drivers did refuse, police obtained immediate search warrants from an on-call judge that would allow them to conduct those tests.
Since that weekend in April, the state and many municipalities have continued this policy, announcing multiple no-refusal weekends throughout 2021 and 2022. Recently, with spring break for college students just around the corner, comes word from some cities and towns that the policies will continue in 2023.
Implied Consent
Every state has an “implied consent” law, including Texas. Under this law, when a person is issued a driver’s license, they agree that they will consent to any chemical testing for alcohol or drugs when that request is made by law enforcement. These requests are typically made when an officer believes a driver is operating their vehicle while intoxicated.
In many situations, it is recommended that the driver not consent to the test since a testing failure provides police with the solid evidence they need to make an arrest and a prosecutor to secure a conviction.
It is critical for every driver to be aware that refusing the test usually leads to a suspension of their license, regardless of the outcome of the criminal case. However, the length of time may be shorter than the length of time a DWI conviction can produce if you have any prior convictions. There are ways that a defense attorney can help navigate through these situations, including obtaining a conditional license so the driver can get back and forth to work or school.
No-Refusal Policy
Under the no-refusal policy, if a driver refuses to submit to a breath or chemical test, law enforcement obtains a search warrant, signed by a judge, that forces the driver to submit to a test. When a no-refusal weekend is scheduled in a municipality, there are judges on call that police contact from the actual traffic stops, and those judges grant the warrants. The driver is then forced to submit to a blood test that will measure any level of alcohol in their system.
These weekends are usually scheduled during times when are often more intoxicated drivers on the road, including New Year’s Eve, St. Patrick’s Day, Memorial Day, Independence Day, Thanksgiving, and Christmas.
Contact a Parker County DWI Defense Attorney
If you have been arrested for DWI, do not delay in speaking with a skilled Weatherford, TX DWI lawyer. The sooner you have an attorney defending you, the better your chances are of fighting these charges. Call Soraya Joslin, P.C. at 817-599-7005 to schedule a free and confidential consultation.
Source:
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm
https://www.mysanantonio.com/news/local/article/Texas-DPS-implements-no-refusal-policy-for-DWI-16084244.php
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