Austin DWI Attorney Blog

Over an eight hour period on the Friday night of the Labor Day weekend, the Austin Police Department (APD) arrested 27 motorists for driving while intoxicated. The anti-drunk driving initiative included implementation of a 'no refusal' policy where a warrant is secured for a blood sample if a driver suspected of intoxication refuses to submit to a breath test.


The crackdown in Austin utilized 14 officers that are part of the APD DWI Enforcement Team. The special patrols, as well as any other officers on duty, were allowed to bring suspects to a blood alcohol test command center that had been set up at the intersection of Barton Springs Road and South First Street. Once at the remote station, a warrant was secured and a preliminary blood sample was taken to test for intoxication.

The initiative was conducted between 9:00 pm Friday and 5:00 am Saturday. Of the 27 arrests for DWI in Austin, 9 involved warrants for a blood draw, 5 motorists consented to a blood draw and 12 submitted to a breath test. The final arrest involved a mandatory blood draw taken under a new statewide DWI felony law that calls for warrantless blood testing if the suspect caused an accident with injury, has a minor in the vehicle or has two prior drunk driving convictions.

It was the sixth time that the APD has used the 'no refusal' plan since last Halloween.

APD can now secure a blood draw in some cases of DWI without first getting a warrant as of September 1, 2009.

During the past session of the Texas State Legislature an obscure bill was passed and signed by Gov. Perry that authorizes law enforcement to draw blood in certain cases of suspected drunk driving in Texas. Previously, a warrant was required before a blood sample could be taken. Under the new Texas DWI law, however, the blood sample can be demanded of motorists suspected of driving while intoxicated if there was a child in the vehicle, the suspect has any prior DWI convictions or there was an accident. No warrant is required. APD put the new law to use just moments after it went into effect on September 1. Following an accident at the intersection of William Cannon and Brodie Lane in Southwest Austin, officers placed the driver in custody and automatically took a blood sample to test his blood alcohol content. In addition to being involved in an accident, the driver had an 11-year old boy in the vehicle. The fact that a blood sample was taken does not mean the driver was intoxicated or that charges of DWI were filed. The new law gives law enforcement the ability to gather evidence when intoxication is suspected.