There is a very common, and strong, misconception on what "No-Refusal" weekends entail. It is important for people to understand their rights, and what exactly a "No-Refusal" weekend actually is.
There is no statute mandated by the Texas Legislature that permits, by law, any police department to implement a "No-Refusal" policy. In actuality, all a "No-Refusal" weekend usually relates to a specific police department to obtain a search warrant for the taking of a blood sample, if an arrested driver does not "consent" to a chemical specimen. In these cases, it is very common for a magistrate or a judge to actually be at the jail, so when the arresting officer writes and submits an affidavit for a search warrant for the taking of a blood specimen, it is much easier for them to accomplish. If not, is sometimes difficult for arresting officers to find a proper magistrate or judge to sign a search warrant.
If this is the case, the police department will usually have a "qualified technician" - usually a phlebotomist, at the station to obtain the blood specimen once a search warrant is obtained. To be properly qualified to obtain a blood specimen, one has to be a qualified technician according to Section 724.017 of the Texas Transportation Code.
***It is important to realize that just because there is a "No-Refusal" weekend in place on any given day, weekend, or holiday - DOES NOT MEAN YOU HAVE TO CONSENT TO ANY STANDARDIZED FIELD SOBRIETY TESTS OR TO THE TAKING OF ANY CHEMICAL SPECIMEN. It is merely a policy, as stated above, by the police department to obtain a search warrant for the taking of a blood sample if an individual does refuse. It simply streamlines the system for them to make the process easier (as opposed to a person being taken to a hospital for a blood draw). YOU SHOULD STILL REFUSE, REGARDLESS OF A "NO-REFUSAL" policy.
NO-REFUSAL WEEKEND POLICIES
There are certain days in Texas, usually holidays, which have been designated by an alliance of MADD representatives, police departments, judges and District Attorneys as "No Refusal Weekends." This means on days such as: the 4th, Halloween, Christmas, Memorial Day, New Year’s and Thanksgiving you could be arrested and/or have a Field Sobriety test or blood test done if you refuse to the taking of a chemical specimen. If you do refuse, and have been placed under arrest, the arresting officer usually will obtain a search warrant for your blood in order to help gather evidence in order to assist with trying to obtain a conviction against you.
Therefore, if you are driving on a Texas roadway during a "No-Refusal" Weekend and if you have been pulled over and have had something to drink, the chances of being arrested are extremely high. A simple traffic stop could result in a DWI arrest for any individual. If you plan to relax and celebrate with family and friends during one of the "No-Refusal" Weekends, be sure you have 214.702.CARL(2275) or 469.2000.DWI(394) saved into your phone.
You can contact The Law Offices of Carl David Ceder at anytime for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Phones should be answered 24 hours a day/7 days a week for immediate and personal assistance.