"No Refusal" DWIs & Your Rights

Due to the perceived threat to other drivers represented by drunk drivers, law enforcement agencies in many states including Texas take part in No Refusal initiatives to crack down on those intoxicated behind the wheel. These No Refusal programs permit law enforcement in a given jurisdiction to obtain a search warrant for blood samples if a motorist is suspected of drunk driving and refuses to submit to a breath test.

Law enforcement officers in North Texas generally have access to a means of obtaining a warrant via on-call judges or magistrates in order to acquire a blood sample from drivers who otherwise will not submit to giving a breath or blood sample. When a No Refusal period is in force, prosecutors and judges are readily available to make the process of acquiring warrants more efficient in order to obtain more DWI convictions.

Luckily No Refusal initiatives are made known to the public well in advance to inform drivers of the potential increase in arrests.

Usually, law enforcement departments schedule No Refusal periods during holiday weekends.

Typical No Refusal weekends in Dallas include:

• New Year's Eve
• St. Patrick's Day
• Memorial Day weekend
• 4^th of July
• Labor Day weekend
• Halloween
• St. Patrick's Day

What are my Rights?

When police officers are especially looking to charge you with drunk driving, all the more reason to be aware of your rights. The first fact to be aware of is that, as an "Implied Consent" state, in Texas, just by driving you are consenting to give a breath or blood test if asked by police.

It is also worth remembering:

• Always remain in your vehicle if stopped unless asked to exit by law enforcement
• You can refuse to take a field sobriety test, such as the on-leg stand
• Only drive away from the scene if the officer says you can
• You have the right to not answer answers which may incriminate you
• If you caused an accident which harmed another, you must give a breath or blood sample

You need to speak to an experienced Collin County by your side to hold law enforcement accountable when they infringe on your rights.

Call me at The Law Office of Troy P. Burleson right away to begin your defense.