Drunk driving rates increase between Thanksgiving and New Year’s. For this reason, law enforcement in Texas and across the nation typically step up patrols during this time of year to pull over drunk drivers. Texas law enforcement agencies may announce no refusal weekends ahead of time, typically before a major holiday or event.
Police conduct routine traffic stops during these periods to catch drivers who are under the influence of alcohol. If you are stopped during a no refusal weekend, officers will likely ask you to submit to a roadside breath test. This test allows officers to receive an estimate of your blood alcohol concentration (BAC). You can say no to this request. If you say no to a breathalyzer test, the officer could request a blood test. You could also refuse this request. The officer will most likely request a warrant for a blood test if you refuse. While more resources are available to officers during a no refusal weekend, it is not guaranteed they will receive a warrant. The officer most show he or she has probable cause to perform the test.
Texas is also an implied consent state. This means you could receive a 180-day driver’s license suspension for refusing a breathalyzer test. However, submitting to any test would make it extremely difficult to defend yourself against a DWI charge.
Do I Need an Attorney if I’m Arrested During a No Refusal Weekend?
You should always contact a criminal defense attorney after being arrested for a DWI. Officers may make mistake during the arrest or testing process. There may be other mitigating factors associated with your arrest that could lead to a dismissal or reduction in charges. For example, equipment used for chemical testing could malfunction. Officers may have violated your rights during the initial stop or after placing you under arrest. These are only a few examples of mitigating factors that could apply to your case.
The Lewisville DWI defense lawyers at Julian, Crowder & Shuster, P.C. could review the details of your case to help you develop a winning defense strategy. Jared Julian and Michael Crowder are former peace officers with years of experience practicing criminal defense law.