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.

Austin police Department will require blood draws in all suspected DWI traffic stops that refuse to take a breath test.

The Austin Police Department has announced that it will schedule another 'no refusal' weekend over the Labor Day holiday. The controversial initiative calls for requiring a blood sample from all those suspected of driving while intoxicated in Austin.

A recent change in Texas DWI law allows law enforcement to demand a blood sample without first seeking a warrant, though it only applies to situations were intoxication is suspected and the motorist caused an accident, has a child in the vehicle or has prior DWI convictions. The 'no refusal' plan used by the APD is different on two fronts. First, if a motorist refuses to submit to a breath test to check blood alcohol content, the officer seeks a warrant for a blood sample. The motorist is then taken to a facility where blood is drawn, even if the suspect contests the action. Secondly, every motorist stopped for suspicion of drunk driving in Austin during a no refusal weekend is subject to having his/her blood drawn.

Continue reading ""No Refusal" DWI initiative planned for Labor Day Weekend" »

The Labor Day weekend is the last significant recreational holiday of the season. Celebrating the warm weather over a three day weekend often includes barbecues, parties, boating activities, sporting events - and alcohol. Law enforcement agencies know this and typically increase highway safety and anti-drunk driving efforts over the holiday.

It has been announced that a Department of Public Safety campaign titled 'Drink. Drive. Go to Jail' will be putting all available troopers on duty looking for traffic violations and suspected drunk driving. Many county sheriff's offices and local police departments have also put into place plans to crack down on driving while intoxicated in Texas. Austin police will be implementing another 'no refusal' initiative where they will seek a warrant for a blood sample in order to check the blood-alcohol content of those who refuse to submit to a breath test. Saturation patrols will target areas that statistically have high incidents of drunk driving in Texas. Lake and river patrols will target those boating while intoxicated.

During similar efforts over the 2008 Labor Day weekend, the DPS alone arrested 623 motorists for DWI in Texas. They also issued more than 10,000 speeding tickets and approximately 2,500 citations for seat belt violations.

A conviction for a DWI in Texas could result in jail sentence up to six months, a $2000 fine, significantly higher auto insurance rates and a permanent mark on a person's driving and criminal records. In a separate action, the DPS will seek to suspend a motorist's driver's license after an arrest for DWI and then impose a $1000 surcharge each year for three years for the privilege of renewing a license.

Whereas drunk driving is never condoned, there are several things to consider when drinking responsibly this weekend. First, have a plan to get home and designate a safe driver if there is even the remote possibility of consuming too much alcohol. If stopped for suspicion of driving under the influence, remember that you still have legal rights. You can refuse a breath or blood test, you have the right to remain silent and you can request the presence of an attorney. It must be noted that law enforcement officers have initiated arrests for DWI based on the mere presence of alcohol. You can register blood-alcohol content below the legal limit of .08% and still be arrested for suspicion of impairment. Finally, for all of the good intentions of law enforcement to keep the roadways safe, sometimes mistakes are made. Poor balance could be construed as inebriation during a field sobriety test. Breath tests may not be properly administered according to strict guidelines or the equipment may not be properly calibrated. An experienced DWI attorney in Texas will understand how to build the best defense for the specifics of your case.

Act responsibly during the Labor Day weekend, but if arrested for suspicion of DWI, immediately contact a qualified and experienced drunk driving defense attorney to ensure your rights are protected and that you receive the best possible outcome.