The National Highway Traffic Safety Administration (NHTSA) has reported that Texas leads the nation in fatalities due to Driving While Intoxicated (DWI). As such, the state has come up with a unique approach to combat these statistics.
Certain weekends throughout the year are designated as “No Refusal Weekends.” In other words, you cannot refuse to cooperate if you are pulled over for suspicion of driving while drunk or intoxicated. Law enforcement in The Lonestar State will usually choose holidays or big sporting-event weekends as a time to enact this.
How is a “no refusal” stop conducted?
Should the police suspect you of driving drunk or under the influence of drugs, they will pull you over. On a “No Refusal Weekend,” you must submit to a breathalyzer or blood test. You are not permitted to refuse to have your blood alcohol or toxicity level tested.
Despite this, there are still some people who will try to avoid testing. Those who refuse to take a breathalyzer test will be subjected to a mandatory blood test, which is considerably more intrusive. Should you attempt to refuse the blood test, the police will contact one of the local magistrates or judges who are at the ready to issue warrants for blood tests to be conducted on these weekends. The police can obtain a warrant fairly quickly. All the judge has to do is sign it and send it to them electronically.
Once a warrant is in effect, anyone who refuses to take the blood test may be held in criminal contempt of court. The simplest way to avoid this is to submit to the breathalyzer test. If you are charged with DWI, you have a right to fight the charges.