No Refusal Weekend: What Texas Drivers Need to Know
A “no refusal” weekend sounds strange, right? Normally, you have the right to refuse a test when pulled over for a DWI. With our Houston DWI lawyer, we take a closer look at these “no refusal” weekends.
What Is a “No Refusal” Weekend in Texas?
Unfortunately, Texas has one of the highest death rates in drunk driving accidents across the US. While drunk driving occurs throughout the year, some holidays and events cause upticks in how many inebriated drivers we see on the road. In those times, Texas holds “no refusal” periods.
Oftentimes, people hear about these no-refusal periods from signs on the road, news stories, and radio announcements. That’s the first aspect of the tactic. Law enforcement wants to discourage drivers from driving drunk in high-risk times.
When it works, it reduces the number of DWI accidents. While “no refusal” causes many drivers to the conclusion they have to comply with tests, the reality is that officers do not need a warrant to obtain a sample.
If you face DWI charges, it is essential to contact a Houston DWI lawyer to discuss your options.
When Does Texas Hold No Refusal Weekends?
Typically, a no refusal weekend falls around holidays and events we associate with increased alcohol consumption.
- Memorial Day
- Independence Day/Fourth of July
- Labor Day
- The period around Christmas through New Year’s Eve
Outside of holidays, high-profile events often trigger these weekends. For instance, the Super Bowl often causes an uptick in drunk driving.
No matter the time of year, a DWI is a serious offense. Because they endanger the driver and others, Texas takes them very seriously. While it’s never a good idea to drive while intoxicated, it’s especially bad during these weekends.
In addition to protecting yourself from DWI charges, you protect everyone else on the road.
Implied Consent: How Does It Work?
When it comes to driving while intoxicated, Texas works under implied consent. This is how many states operate, in fact. Because driving is a privilege, the law states that anyone on Texas roads consents to reasonable requests for BAC or field sobriety tests.
Still, you have the legal right to refuse a breathalyzer test. When you do, it requires that the officer request a warrant to issue a BAC or drug test. In order to obtain a warrant, the officer needs evidence.
This evidence needs to show reasonable suspicion that the driver committed a DWI crime. Often, this includes a description of the driver’s behavior in initial interactions. Due to this, sober drivers have little reason not to comply.
When an officer obtains a warrant, the law requires that you comply with the request. At this point, refusal results in license suspension and fines. This is in addition to any punitive measures if the DWI sticks.
How Does a No Refusal Weekend Work?
Oftentimes, the phrase “no refusal weekend” misleads people. Generally speaking, people believe they no longer have the right to refuse a test. However, this is not the case.
Simply put, this allows officers to take steps to reduce the number of legal refusals for BAC tests. While it’s not illegal to refuse a test, they speed up the process. During these weekends, law enforcement agencies offer more resources to process DWIs.
Additionally, they tend to put more officers on the road and keep a magistrate available to review and approve search warrants. Lastly, they also keep more blood-draw nurses on hand to speed up the testing process.
The Intent Behind These Weekends
The intent behind a no refusal weekend is two-fold. First, it discourages people from drunk driving. Secondly, it equips law enforcement with more tools to handle more drunk drivers.
With a warrant, police officers have the option to escort drivers to the department for additional tests. In certain cases, they even test blood on site. These results are evidence in your DWI case.
However, without consent or a warrant, a BAC test is seen as a violation of the Fourth Amendment. When police subject you to such a test, reach out to a Houston DWI lawyer. In doing so, you have an advocate to protect your rights.
Work with a Criminal Defense Attorney in Houston
When you consume alcohol, carefully weigh your decision to drive. That’s truly the best way to avoid DWI convictions, especially during a no refusal weekend. If an officer stops you in this period, remember, you still have the option to refuse a test.
If you face DWI charges in Texas, it is essential to consult an experienced DWI attorney. As a Houston criminal defense attorney, Herman Martinez helps people protect their rights and their futures.
With decades of experience in the criminal justice system, he has the experience and expertise you need. Schedule a consultation with The Martinez Law Firm today.