“No-Refusal” DWI Arrests in Texas

During most holiday weekends in Texas (and more often non-holidays), Texas Law Enforcement agencies will be enforcing “no-refusal” periods for DWI arrests in Denton County. In addition to this enhanced policy, they will also have additional checkpoints and officers out on patrol to help step up their DWI enforcement.

Unfortunately, there is a lot of confusion regarding exactly what a “No-Refusal” weekend is. Many people believe a “No-Refusal” weekend somehow changes the law and that the police have more power than usual. This is wrong. The only difference during this period is that officers will follow internal policy of acquiring a search warrant to obtain a blood sample. Officers always have this option and can obtain a warrant but because the procedure for acquiring a search warrant can be time consuming, it is not always done. During a “No-Refusal” weekend, there will usually be a Judge available to sign off on warrants quickly to collect blood samples.

You Still Have The Right To Refuse

It is very troubling that law enforcement use the term “No Refusal” implying that you cannot refuse any test.  This term is very inaccurate and DWI suspects in Denton retain every right to refuse every sobriety and chemical test offered to them. Many law enforcement agencies use this loose understanding of the law to bully individuals into submitting to unnecessary tests that they have the right to refuse.

The misinformation campaign has caused many people who would normally refuse a breath test (usually the best decision), to be unsure of their rights during a “No-Refusal” weekend. Many people quickly submit to the request because they believe the officer is eventually going to get what they want anyway so what would be the point of refusing?

Good question – We believe that refusing is still the best approach in this situation. While it may be true that if you refuse to consent to a breath test, you can be forced to give blood, this strategy can still be in your favor. You don’t have to submit to bully like tactics from law enforcement or make their job to build a case against you any easier. It can still take hours for a judge to get a warrant and the actual blood draw to occur. This additional time may result in a lower blood alcohol level – possibly even below the legal limit.

Schedule A Free Consultation With A Former Prosecutor That Knows Both Sides Of the Courtroom

If you find yourself in the unfortunate position of being the target of a DWI situation, it is important to remember your rights and that you can still refuse on a “No-Refusal” weekend. If you have been arrested for a DWI it is important to hire an experienced DWI attorney like Daniel K. Peugh of the Peugh Law Firm as soon as possible. Daniel Peugh is a former prosecutor and knows both sides of the courtroom. He will work diligently to defend your freedom and reputation against DWI accusations. Call today for a free consultation.