Law Office of Tim Powers
As with most major holiday weekends, and more non-holiday weekends, this
weekend will be a "No-Refusal" weekend for DWI investigations
in Denton County, and in many other places in Texas. Additionally, State
and local law enforcement agencies will have additional patrols all over
the county to beef up DWI enforcement.
There seems to be some confusion as to what "No-Refusal" weekends
entail. Many people mistakenly believe that "No-Refusal" weekends
carry some sort of legal weight, and that the right to refuse a breath
or blood test is somehow limited. This is wrong. The only thing different
about a "No-Refusal" weekend is that law enforcement have an
internal policy of obtaining search warrants to take the blood of anyone
who refuses a breath or blood test in a DWI investigation. Of course,
always have that option, but because applying for and executing a search warrant
is time-consuming, this is not usually done.
The fact that law enforcement choose to call these weekends "No Refusal"
weekends is troubling because it seems to be a part of an intentional
misinformation campaign. The term "No Refusal" is blatantly
inaccurate: During no refusal weekends, DWI suspects in Houston and Texas
every right to refuse a chemical test. What law enforcement appear to be doing is attempting to bully the public
into believing that they must submit to breath tests because they do not
have the right to refuse.
As a result of this misinformation campaign, many people who would otherwise
refuse a breath test (usually a wise decision, by the way) are unsure
whether that is still the best approach on "No Refusal" weekends.
After all, many seem to ask themselves, if they will take my blood anyway,
then what's the point of refusing?
We believe that refusing is still the best approach. Although it may be
true that you may be
forced to give blood if you refuse to consent to a breath test during a "No-Refusal
Weekend," it does not follow that DWI suspects should succumb to
bullying and make law enforcement's job easier. Additionally, even
on "No Refusal" weekends, it will usually take much longer for
law enforcement to draft and execute a search warrant than administer
a voluntary breath test. The additional time could result in a lower blood
alcohol level – maybe even a blood alcohol below the legal limit.
Of course, the wisest plan of action is to not drink and drive at all.
But if you are in unfortunate position of being the target of DWI investigation,
it is important to remember your right to refuse on a "No-Refusal" weekend.
If you are seeking aggressive criminal representation by an experienced
criminal defense attorney for your Denton County crminal case or arrest
in Denton County, contact the offices of Tim Powers today. There is no
charge or obligation for the initial consultation. 940.580.2899.
*Tim Powers is an attorney licensed to practice law by the Supreme Court
of Texas. Nothing in this article is intended to be legal advice. For
legal advice about any specific legal question you should directly consult