No Refusal DWI Program Established 24/7 in Some Texas Cities

Posted By The Carlson Law Firm || 24-Oct-2011

The “No Refusal” program implementation resulted in convictions in two separate Boating WhileIntoxicated arrests in Montgomery County this month. Both offenders were convicted of Class B misdemeanors, an offense punishable with up to 180 days in jail and fines upwards of $2,000.

Despite the increased scrutiny of the No Refusal program, drivers and boat operators who are suspected of being intoxicated and refuse to take a breathalyzer test will be subject to a blood test, officials say.

Though blood tests are often conducted hours after those who are suspected of being intoxicated are initially stopped, results are provided via search warrants.

While proponents of the program highlight the decreases in people refusing breathalyzers and intoxication manslaughter charges in some areas, opposition to the forced blood testing note the human error present. In one of the cases of BWI charges, attorneys highlight the mistaken procedure of representatives drawing blood, who, they claim, did not refrigerate the blood while it was transported the 20 miles to the lab.

The strict procedures and presence of human error possibilities continue to provoke unrest within the law enforcement and legal community. But while critic may continue to note the downfalls of the No Refusal program, Texas will continue to promote the program, with some counties establishing it all the time in hopes of deterring drunk driving in Texas.

In Bexar County, the No Refusal program will now opperate 24/7. In San Antonio, police have drawn blood from as many as 1900 people, just since the beginning of the year, which approximately 50 percent of those draws by way of search warrants after breathalyzers were refused, reports note.

If you or someone you know is dealing with a DWI or DUI arrest in Texas, call our DWI attorneys in Austin, San Antonio, Killeen and statewide Texas at 888-335-7492, contact us online or visit one of the 11 locations for our DWI law firm for a free consultation today. We care. We can help.


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