What is No Refusal Weekend in Texas?

RickOliver • Apr 28, 2019

In Texas, “No Refusal” weekends are a policy directive aimed at DWI enforcement.

Assume you hear on the news or radio that the coming weekend is a “No Refusal” weekend. Assume further that you happen to be out and about that weekend, with friends. And, at some point an officer stops and accuses you of driving while intoxicated. Eventually, that officer is going to read a document to you that concludes with his asking whether you will consent to the taking of a specimen of your breath or blood.

Constitutionally, you have a choice: consent or refuse.

But, practically, you don’t. If you do not agree to provide the requested specimen one will be forcibly taken from you. And, they cannot strap you down and force you to provide a breath specimen. So, if you deny consent during one of these fateful weekends, you can expect to be strapped to a chair and stuck with a needle.

That’s what “No Refusal” weekend means.

No laws have been changed that allow for “No Refusal” weekends. The police have always had the statutory authority to obtain a warrant for your blood if you refused their request. And, it doesn’t have to be a “No Refusal” weekend for them to go through the process of obtaining a warrant for your blood.

DWI practitioners differ as to whether it is better to consent to a breath test or refuse and force them to obtain a warrant. In my opinion, for the vast majority of citizens the safest course of action is to simply consent to the breath test.

In most cases the amount of time it will take for police to obtain a warrant and transport you to a facility where the blood can be drawn will not aid in your defense. It can. But, in most cases it won’t. Indeed, in many instances it actually enhances your defense if the specimen is provided soon after investigation and arrest.

Additionally, the methodology used to forensically test blood is considered the evidentiary “gold standard.” That doesn’t mean their results are always reliable. Indeed, in light of the multitude of lab scandals that have occurred in and around the state of Texas, it is hard to confer more confidence on forensic blood testing than a toddler left to his own devices with a child’s chemistry kit. Still, defending a blood test case is more expensive and time-consuming than defending a breath test case.

And, breath test machines are inherently unreliable pieces of junk, too.

Either way, a “No Refusal” weekend means exactly what it sounds like it does. So, the best thing you can to is to educate yourself and, most importantly, be careful.  

Traffic Safety Awareness: Legal Penalties for Violations

15 May, 2024
This National Traffic Safety Month, we aim to shed light on the potential legal implications of common traffic violations such as speeding, distracted driving, and more. Our goal is to help you stay informed and navigate the complexities of traffic law effectively. Here are some frequently asked questions about traffic violations and their penalties. What are the penalties for speeding? Speeding tickets can result in fines ranging from under $50 to several hundred dollars. The exact amount often depends on how much you were exceeding the speed limit and the jurisdiction in which the offense occurred. For excessive speeding or repeated offenses, the penalties can be more severe, potentially escalating to criminal charges, including misdemeanors or felonies, depending on state laws and the specifics of the violation. What constitutes distracted driving and what are the penalties? Distracted driving primarily includes behaviors such as texting while driving. Penalties for distracted driving vary widely across states, typically ranging from $20 to $250 for fines. However, some states impose even higher fines, especially for first-time offenses, reflecting the growing recognition of the risks associated with distracted driving. How are red light violations penalized? Fines for running red lights can vary significantly, generally ranging from $50 to $500. The exact penalty depends on local laws and the circumstances surrounding the violation. What are the consequences of driving under the influence (DUI)? Driving under the influence of alcohol or drugs is a serious offense with severe penalties. These can include heavy fines, license suspension, mandatory education programs, and even imprisonment. What other consequences can traffic violations have? Traffic violations can lead to increased car insurance premiums and points on your driver's license. Accumulating points can result in license suspension, mandatory driver retraining, or other administrative actions. These consequences can significantly impact your financial and legal standing. How can Cockrell & Oliver Law Firm help if I'm facing charges for a traffic violation? Our experienced legal team can assist you in navigating the legal system to potentially reduce fees or charges. This support is crucial in preventing long-term financial or legal repercussions. If you have more questions or need assistance with a traffic-related legal issue, please do not hesitate to call us at. Our expert team is here to help you understand your rights and options.

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