Dallas area police departments implemented a "no-refusal" campaign over the holiday, cracking down on individuals who drink and driver. The program, which is a common practice around holiday times, requires those suspected of driving under the influence to perform a breath test. Those who don't will be subject to immediate, on-site blood testing.
In order to take blood tests, officers must have a warrant signed by a judge. During these campaigns, judges are on-site to do just that when necessary. Those who are found to have a blood alcohol level at .08 or above are arrested and prosecuted. The results of the DWI campaign have not yet been released.
The "no-refusal" weekends are marketed as a switch from normal procedure, which is governed by the "implied consent" provision of the Texas State Transportation Code. Under that law, a drunk-driving suspect is considered to have consented to breath or blood testing. One can still refuse to submit to such testing, but one will be charged for violating the implied consent law, which can result in license suspension and the state may still be able to obtain a DWI conviction by other means.
According to popularly reported statistics, roughly half of drivers refuse to submit to breath or blood testing. On "no-refusal" campaigns, drivers are told they don't have that option. Typically, a suspect will be taken to a location where they await approval of a warrant and go through the blood or breath collection process. This is usually videotaped in order to preserve evidence.
DWI suspects are up against a lot when it comes to defending themselves. Having a strong advocate to help build a defense is indispensible for those facing these charges.
Source: myfoxdfw.com, "No-refusal holidays catch DWI violators," Alice Wolke, July 3, 2012
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