Austin DWI Attorney Blog

The Austin Police Department (APD) announced plans to hold another 'No Refusal' weekend during the Fourth of July holiday. The goal is to target motorists driving while intoxicated in Austin and to get through the extended weekend without any traffic fatalities.

During 'No Refusal' weekends, when a motorist suspected of driving while intoxicated refuses to submit to a breath test, the APD seeks a warrant for a blood draw. At the same time, police will be enforcing its TACT program, or 'Ticketing Aggressive Cars and Trucks'. Both efforts will begin Wednesday July 1st and run through Sunday.

As a DWI defense attorney in Austin, I have always contended that the blood draw process is controversial because, Texas DWI laws stipulate how and when a blood draw is to be conducted and who is allowed to handle what is essentially evidence in a criminal investigation. A motorist has the constitutional right to refuse a breath, blood or urine test. APD is employing an expensive and complex tactic normally reserved for specific situations, against any motorist suspected of Texas DWI.

The Austin Police Department first utilized the 'No Refusal' initiative last Halloween (2008).

Law enforcement agencies across the state have been utilizing 'No Refusal' campaigns to combat driving while intoxicated in Texas. These efforts rely on judges being available to sign warrants authorizing blood draws. The samples are then tested for blood alcohol content or BAC, providing evidence for prosecutors in DWI cases. Legislation signed by Gov. Rick Perry now allows police to demand blood samples in certain TX DWI situations - without a warrant.

The new DWI legislation bill was attached to a law on boating and alcohol, and many, including prosecutors, were unaware of it. The law permits blood draws without a warrant when a motorist who has two or more prior DWI convictions is stopped for suspected of drunk driving in Texas; has a child in the vehicle; or causes even a relatively minor accident with injury. When a traffic stop is initiated and the driver refuses to submit to a breath test, the officer can demand a blood sample to test BAC.

Continue reading "The New 'No Refusal' Law Give Police Officers Another Tool in Texas DWI Arrests" »