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No Refusal Policy for Upcoming Holidays

Texans have another line of defense against drunk drivers, now. The past holiday season prompted many Texas counties to adopt a wider scope with a “no-refusal policy” to catch intoxicated drivers. Many drivers know that they don’t have to submit to a breathalyzer test. However, a simple ‘no’ will not be enough for drivers that police officers reasonably suspect of drinking and driving.

The no-refusal order is not something new to Texas. In 2011, Texas and other states across the country began an aggressive anti-DWI campaign. They initiated no-refusal weekends, which incorporate major holidays or events that typically accumulate a large number of drunk drivers.  If a driver refuses the traditional breathalyzer test, police officers can have a blood sample drawn.

Don’t You Need a Warrant for That?

The answer is yes – however, law enforcement has that covered. During these weekends, a judge is designated to issue warrants. An on-site nurse then draws blood from the suspect.. Before the no-refusal policy, drunken driving prosecutors had little evidence to support their cases. Now that more counties are adopting stricter policies, convictions are coming at a higher rate.

The cities of San Antonio and Houston are two of the largest supporters of the anti-DWI strategy. Bexar and Harris counties have outstanding numbers of deaths associated with DWI incidents. In 2010, Bexar had a population of 1,714,773 people and 6,000 DWI arrests.

Both counties expanded the program from major holiday weekends to every weekend. Harris County was awarded a three-year, $700,000 grant from the Texas Department of Transportation to continue the program until 2014.

The policy has gained tremendous support from organizations like Mothers Against Drunk Driving (MADD). It has been hailed as a major step in the right direction to deter drivers from getting behind the wheel while intoxicated.

DFW No Refusal Weekends

No-refusal weekends are already in place in Dallas and Tarrant Counties, although not to the extent of Houston and San Antonio. As we near the beginning of Mardi Gras and St. Patrick’s Day celebrations, we can expect that law enforcement will use more no-refusal dates.

While this strategy has been successful, drunk driving is still a problem that claims too many victims each year. We encourage drivers to be proactive and stay off the roads as much as possible during these holidays. As personal injury attorneys, Parker McDonald fights for those who lose the most in an accident. Were you injured in a car accident with a drunk driver? Contact us for a no obligation consultation to determine how we can get you back on the right track.

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Brad Parker was selected as a Member of the American Board of Trial Advocates; repeatedly selected as a Top Attorney since 2002 by Fort Worth, Texas magazine and.... More

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