What Is A No-Refusal Weekend?
Several of the larger counties in Texas have discovered the difficulty in prosecuting people who refuse to submit to a breath or blood test. The pros and cons of refusing to submit to a blood or breath test have been demonstrated before on our
blog. Obviously, the police wish everyone would assist them in building their case, including the person suspected of
DWI.
On select holidays, or days associated with excessive celebration, the police will prepare search warrants in advance. After a person has been arrested, and if the suspect refuses to give a breath or blood test, the police will then add some additional facts to explain why they believe that the person is intoxicated. The police officer will then fax the warrant to a judge (or magistrate) requesting a warrant that allows them to draw a sample of your blood. This can occur in a pre-designated area of the police station or at a hospital. Thus, law enforcement circumvents your right to refuse by taking the matter out of your hands--your refusal is null and void and they will draw a sample of your blood.
An experienced and knowledgeable
Plano DWI attorney will understand your anger at such an intrusion. Our team will aggressively evaluate all areas of the case--the reason for the officer pulling you over, if the search warrant was proper and reasonable, whether the blood draw was done correctly, whether the analysis of your BAC was done correctly, and whether any other rights were violated.
Contact a
DWI lawyer to protect your rights immediately (including your license suspension and
ALR hearings).