New Year’s No Refusal Weekend

By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522

Despite the lack of the usual public announcement, it is clear from meeting with people arrested for DWI over the holiday, that last weekend was a no refusal weekend in Collin County. Essentially, a no refusal weekend means that if you are stopped for a DWI, the police will be conducting a breath or blood test regardless of whether you consent to it.

How can they do this? Under Section 18.01 of the Texas Code of Criminal Procedure “any magistrate who is an attorney licensed by this state may issue a search warrant” to collect a blood specimen from a person who is arrested for DWI and refuses to submit to a breath or blood alcohol test. On a no refusal weekend, police officers coordinate with judges to remain on call in order to fax search warrants that authorize the police to draw a DWI suspect’s blood. Despite specific language in the Transportation Code which permits a person to refuse absolutely, law enforcement agencies have little trouble obtaining these warrants.

If you were arrested for a DWI over the holiday weekend, or any no refusal weekend, and forced to give a specimen of your blood, the result will ultimately end up in the hands of the prosecutor. Whether that evidence is harmful to your case will depend upon the answers to a number of legal issues. Not every blood test is created equal, and this is why it is important to consult an attorney on the merits of your case.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.

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