Police in Texas often announce “no-refusal” periods around busy holidays, such as Memorial Day, the Fourth of July and New Year’s to identify suspected impaired drivers.
“No-refusal” is not a new law, but rather an enforcement technique that ensures quick chemical testing for suspected DWI drivers who refuse a voluntary breath or blood test. You must understand your rights during these periods.
What happens if you refuse a test?
During “no-refusal” periods, law enforcement streamlines its resources by having prosecutors, judges and magistrates on call 24/7. They often deploy medical personnel, known as phlebotomists, to do blood draws.
You have a statutory right to refuse a breath or blood test, but exercising that right triggers the process for law enforcement to quickly obtain a search warrant, which, once issued, legally compels you to submit to the test.
Refusing a voluntary chemical test initiates the administrative license revocation (ALR) process, which results in an administrative license suspension (180 days for a first offense) that takes effect 40 days after the notice of suspension is served. However, you can contest the suspension by requesting a hearing within 15 days.
What happens during a DWI stop?
A police officer must have probable cause to stop your vehicle, which usually means seeing you commit a traffic violation, such as speeding or weaving. Once stopped, you have the right to refuse field sobriety tests, like walking a straight line. These tests are voluntary, and refusing them does not carry an immediate legal penalty.
However, if the officer suspects intoxication and you refuse the voluntary breath test, the process moves quickly:
- The officer prepares an affidavit establishing probable cause for the DWI arrest in an attempt to justify the need for a blood sample.
- An on-call judge reviews the affidavit and issues a search warrant if they find probable cause. This review typically happens within minutes.
- Once the officer shows you a signed legal warrant, you are legally compelled to submit to a blood draw.
You must comply with a legal search warrant. Refusing to do so may lead police to collect the blood sample forcibly.
Protect your future after an arrest
Even if police obtain a blood sample and your blood alcohol content (BAC) is over the legal limit of .08, you still have defense options. Even substantial evidence does not guarantee a conviction.
A skilled DWI defense attorney can challenge the charge in several ways. They can scrutinize whether the officer had a legal reason for the initial stop, investigate the validity of the warrant and the chain of custody for the blood sample. Any misstep by officers can be a powerful defense tool.
If police arrest you for DWI during a “no-refusal” period, it’s advisable to contact an attorney immediately. Protecting your rights and challenging the evidence are your most critical steps.