Texas "No Refusal Weekends"... Forced DUI Blood Tests

Jonathan Burton Blecher

Written by  Pro

DUI / DWI Attorney

Contributor Level 17

Posted over 2 years ago. 1 helpful vote

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In Texas, holiday weekends have been renamed “No Refusal Weekends". This program has been designed in a cooperative effort between judges, prosecutors, and the police, usually observed and sometimes funded by MADD. All in an effort to convict you of a DWI (Texas) whether you deserve it or not. Local police departments and sheriff departments may announce a no refusal weekend, but you can count on all of the following as being designated a no refusal weekend:

Memorial Day Weekend, Fourth of July Weekend, Labor Day Weekend, Halloween and Thanksgiving weekend through Christmas and New Years eve.

If you have only one or two drinks at a holiday party in Houston, Texas, for example, and you are stopped for an innocent traffic violation, then it is likely that you will be arrested and your blood will be forcibly taken from you.

If you do not fall within one of the statutorily created “NO REFUSAL" exceptions to reasonable searches and seizures guaranteed to you by the 4th Amendment, and which are set forth in Texas Transportation Code §724.012, then the police will seek a search warrant to take your blood.

When the police get the search warrant for your blood, and if you then do not cooperate in the taking of your blood, your blood will be forcibly taken from you by the police.

  1. Texas Transportation Code Section 724.012. TAKING OF SPECIMEN. (a) One or more specimens of a person’s breath or blood may be taken if the person is arrested and at the request of a peace officer having reasonable grounds to believe the person: (1) while intoxicated was operating a motor vehicle in a public place, or a watercraft; or (2) was in violation of Section 106.041, Alcoholic Beverage Code. (b) A peace officer shall require the taking of a specimen of the person’s breath or blood under any of the following circumstances if the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft and the person refuses the officer’s request to submit to the taking of a specimen voluntarily: (1) the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense and, at the time of the arrest, the officer reasonably believes that as a direct result of the accident: (A) any individual has died or will die; (B) an individual other than the person has suffered serious bodily injury; or (C) an individual other than the person has suffered bodily injury and been transported to a hospital or other medical facility for medical treatment; (2) the offense for which the officer arrests the person is an offense under Section 49.045, Penal Code; or (3) at the time of the arrest, the officer possesses or receives reliable information from a credible source that the person: (A) has been previously convicted of or placed on community supervision for an offense under Section 49.045, 49.07, or 49.08, Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections; or (B) on two or more occasions, has been previously convicted of or placed on community supervision for an offense under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections. (c) The peace officer shall designate the type of specimen to be taken.

Fortunately, this type of intrusive government behavior has not spread across the country in waves. It may just be a matter of time before you see it on your doorstep, or rather...your car door.

Additional Resources

Texas District Attorney's Association

Miami Florida DUI Lawyer

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