Texas No Refusal Weekends 2019 and the Law
- May 14, 2019
- The Law Office of Greg Tsioros
- Comments Off on Texas No Refusal Weekends 2019 and the Law
Texas has one of the highest rates of Driving While Intoxicated or DWI in the country. As a result, law enforcement officials make it their priority to keep intoxicated drivers off the road as much as possible.
One of the ways they accomplish this is through the use of No Refusal holidays and weekends in Houston and surrounding areas. You can avoid a DWI while driving by learning what no refusal means and when law enforcement is most prone to implement it throughout the year.
Have you been arrested for a drunk driving offense? Contact Houston DWI attorney Greg Tsioros to discuss your options.
Before you learn what no refusal is, you may want first to understand what implied consent is and how it applies to you as a driver in Texas. Implied consent in Texas requires drivers who are pulled over on suspicion of DWI to submit to chemical testing to determine their blood alcohol content or BAC or the presence of drugs in their systems.
Under the implied consent laws in Texas, the police officer who pulls you over gets to determine what kind of chemical testing to use, whether it be a blood or breathalyzer test. You also have the right to have your own blood tested by a third-party medical testing facility at your own cost within two hours after you are pulled over for DWI.
Implied consent laws here also stipulate that the law enforcement officer cannot force you to submit to chemical testing for DWI unless you:
- Are in an accident that resulted in serious injury or death
- Have a prior conviction of intoxication assault or manslaughter
- Have two prior DWI convictions
- Have one prior conviction of DWI with a child in the car
If you refuse chemical testing for DWI in Texas, the implied consent laws say that you can still be punished. Some of the punishments for DWI even if you do not submit to chemical testing include fines, the loss or suspension of your license, or possible jail time if you are convicted of this offense.
Further, the laws state that you do not have the right to speak to an attorney prior to chemical testing, and your refusal to submit to the test could be used against you in court.
No Refusal in Texas
No refusal in Texas means that you cannot refuse to be tested for impaired driving if you are pulled over for DWI. When no refusal is in use, drivers who are pulled over on suspicion of DWI must comply with the officer’s request to test them for inebriation or substance use. This testing can be done without the officer having to get a warrant from a judge, which would normally be required when no refusal is not in use in Texas.
To help Texas drivers prepare for no refusal holidays and weekends, law enforcement throughout the state advertise upcoming no refusal dates on the radio, TV, social media, and roadway signs. This advertising is meant to discourage drivers from getting behind the wheel while intoxicated especially during high-risk times of the year. It is also intended to reduce DWI crashes during holidays and other times of the year when people may be prone to consuming more alcohol.
No Refusal Holidays and Weekends in Texas
Law enforcement officials implement no refusal during times of the year when people may drink more than usual. Specifically, it is enforced on:
- Memorial Day
- Fourth of July
- Labor Day weekend
- No refusal is also enforced from Thanksgiving all the way through Christmas and New Year’s Eve.
Other times of the year when no refusal may be implemented include on Super Bowl weekend and weekends when Division I college sports in Texas are being played. During these times of the year, law enforcement reminds Texas drivers that driving while intoxicated is a serious offense that puts their lives and the lives of others in public at risk.
It is vital for drivers to avoid driving while high or drunk during no refusal holidays and weekends as well as every other time of the year. No refusal protects people from enhanced DWI laws and also allows the general public to enjoy special times of the year safely.
How a Lawyer Can Help with DWI and No Refusal Cases
If you have been arrested for DWI during a no refusal weekend or holiday, you have the right to contact a DWI attorney for help. Your lawyer can act quickly to make sure your constitutional rights are protected and that you avoid the harshest penalties for DWI in Texas.
One of the primary ways a DWI lawyer can help you involves making sure the traffic stop and resulting arrest were lawful. If the police officer pulled you over without just cause and then forced you to submit to DWI testing, he or she may have violated your Fourth Amendment rights. If your rights were violated, your lawyer could file counteraction against the police department and officer and possibly get the charges dropped or reduced against you.
Even if the stop and arrest were lawful, you still may be able to beat the charges against you. If you are a first-time DWI offender, you may not deserve the harshest penalties permitted under the law. Your lawyer may be able to argue down the charges and convince the court to give you probation, community service, or a fine to make amends to the public.
Regardless of whether you were arrested for DWI under the implied consent laws or no refusal, you have the right to retain an attorney to represent you. You are encouraged to put a skilled DWI lawyer on retainer immediately after your arrest. Your lawyer can make sure any consequences you receive are fair under Texas state law and accurate for the DWI offense for which you have been arrested and charged.
To fight its high DWI rates, Texas implements no refusal laws on certain holidays and weekends. Before you take to the roadways in this state, you may want to learn at what times no refusal is in play. You also may want to hire a DWI attorney to represent you if you are arrested for DWI in Texas.