No Refusal Weekends
What is a “No Refusal Weekend” in Dallas?
During a no refusal weekend in Dallas, DWI laws are very strictly enforced.
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What this means is that if you refuse to take a breathalyzer or blood test during a traffic stop, the officer will likely detain you, contact a judge, obtain a warrant, and then perform a blood test to determine your blood alcohol concentration.
No refusal weekends are often advertised in advance. Sometimes they can be seen on electronic road signs, radio advertisements, or the local news channels.
What is the purpose of a “No Refusal Weekend?”
No refusal weekends usually happen around the holidays or a special event like the Super Bowl. Typically these are times when you are more likely to be injured by a drunk driver.
The purpose of the no refusal weekend is to protect public safety on Texas roads. During these times law enforcement officials anticipate a larger percentage of the Metroplex’s population may be drinking and possibly driving and therefore may pose a greater danger to public safety than on an average weekend.
Law enforcement is able to greatly speed up the timeline in acquiring a sample of your blood, which will become evidence against you if the State attempts to convict you of a DWI.
What are the legal implications of a no refusal weekend? How is it any different from a normal traffic stop?
Texas law normally permits drivers to refuse to submit to a breath or blood alcohol test during a traffic stop. However, while the law allows you to refuse, it also punishes you for refusing.
If you usually refuse a breath or blood test, you may not be convicted of a DWI but you may have violated Texas’s “Implied Consent” law.
The Implied Consent statute says that every Texas driver implicitly consents to taking breath or blood tests when they drive on Texas roads. When you refuse, you violate the Implied Consent statute, which results in the automatic revocation of your driver’s license.
If you refuse to take a test during a no refusal weekend, the officer will likely immediately contact a judge who is designated “on call” during that weekend to obtain a warrant to draw your blood and test it.
If the judge approves the officer’s request for a warrant, the police officer will then forcibly administer a blood alcohol test on the spot or take you to a nearby facility.
By refusing to take the test, you already violated the Implied Consent statute. If the officer obtains the warrant after calling the judge, you will then be forcibly tested. If your blood alcohol concentration is over the legal limit, you will then be arrested for a DWI.