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Spotlight on Texas DWI "no refusal" weekends

We recently referenced the egalitarian nature of drunk driving arrests and convictions in Texas. We noted in our March 10 blog entry that DWI penalties "can challenge just about anyone in the state."

That entry stressed -- and debunked -- a common view that drunk driving convictions are largely confined to repeat and hard-core problem drinkers. In fact, it is often the occasional imbiber who seldom has more than a drink or two socially who becomes ensnared in the criminal justice system. Moreover, individuals who are flagged by Texas state troopers and police officers for roadside stops come from virtually every demographic and occupation.

As noted in our above-cited post, that includes law enforcers.

A media article discussing the recent DWI arrest of an Austin police officer notes the interesting phenomenon of so-called "no refusal" weekends provided for under Texas law. When a municipality implements a no-refusal period, its officers can forcefully draw blood from suspected drunk motorists who refuse to submit to breath testing.. Officers can legally take a blood sample following their securing of a warrant from a municipal judge, which can be quickly obtained. Adverse evidence pointing to behind-the-wheel intoxication is admissible in court.

There is a caveat to that, though, which we point out on our website at the proven San Marcos criminal defense law firm of Sergi & Associates. Notwithstanding their stated legality, involuntary blood testing can often be challenged on multiple grounds.

Further information can be provided by a knowledgeable and aggressive DWI defense attorney.

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