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Police Increase DWI Enforcement During No Refusal WeekendsIt is common to see local law enforcement promote no-refusal periods for people suspected of driving while intoxicated. Holidays, such as the upcoming Labor Day weekend, are a popular time for celebrating, which can increase the number of people who are drinking and driving. No-refusal weekends often coincide with these periods in order to punish those who break DWI laws and dissuade others from drinking and driving. Police departments increase their resources to make it more difficult for suspects to avoid blood alcohol concentration tests.

Implied Consent and No Refusal

No refusal refers to circumstances in which a DWI suspect cannot legally refuse to submit to a BAC test, such as a providing a blood or breath sample. Texas has an implied consent law that states that anyone who is allowed to drive in the state has also consented to cooperate with a BAC test. Refusing the test will result in an automatic suspension of the suspect’s driver’s license and can be used as evidence against the suspect in a DWI case. However, some courts have ruled that the implied consent law violates a suspect’s rights under the fourth amendment of the U.S. Constitution, which prohibits searching a person without a warrant. In this case, police obtain blood from the suspect in order to search for evidence of intoxication. To get around this defense, police can request a warrant to obtain a suspect’s blood sample. Refusing the warrant would be a criminal offense.

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Posted on in DWI / DUI

texas no refusal, texas dwi attorneyOccurring several weekends throughout the year, Texas police officers make a valiant effort to lessen the numbers of fatalities and other accidents resulting from DUI and DWI. The most well-known efforts around the state are "No-Refusal Weekends." These events are named aptly in that refusal for testing becomes more difficult, however, it may be very misleading to unassuming drivers unfamiliar with their rights during these situations. As a United States citizen, you have certain constitutional rights on which even Texas officers cannot infringe.

How No-Refusal Weekends Work

No-Refusal Weekends occur around major holidays or sporting events, such as Thanksgiving Day, New Years, and the Super Bowl. With plenty of audio and visual advertisement alerting drivers the weekend is near, the intent is to crack down on the amount of drivers operating vehicles while intoxicated. However, the name is confusing to many who incorrectly assume you have to succumb to any requested testing.

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