The holidays are such a wonderful time of year. The metroplex is bustling. There are so many dinners, gatherings and parties all over the DFW to attend. It is no wonder that there is a significant increase in DWI stops and arrests between Thanksgiving and the New Year.
If you are out and about in Tarrant County during this holiday season, remember, no refusal is in effect. “No refusal” means just that – you cannot refuse a breath test to the extent that if you refuse a breath test, an immediate warrant for a blood sample will be issued.
Under Texas Transportation Code Section 724, drivers in Texas have implied their consent to give a breath or blood sample. However, many drivers withdraw that consent and refuse breath analysis or blood draws when suspected of driving while intoxicated.
While refusing to give a breath sample or blood sample can have administrative consequences (i.e. can effect your driver’s license) it is your right to do so. Without a sample it is much harder for the prosecution to prove someone was intoxicated. In general, officers can ask for a a warrant to take a blood sample if a driver refuses to take a breath test but the warrants are not always issued or available in a timely manner.
On no-refusal weekends judges and magistrates are standing by to instantly issue warrants to officers. This guarantees officers the ability to take a blood sample on any driver who declines to take a breath test.
Use this Star Telegram link to view the video of Tarrant County DA Sharen Wilson discussing the crack down in her press conference:
Be safe out on the roads this holiday season. Celebrating responsibly is not a crime. If you are arrested for a DWI and a breath or blood sample is taken a lawyer can help you defend your rights. A DWI is a serious charge and you need an attorney who focuses on DWI law to help navigate you through the process.