I am a experienced DWI attorney serving clients in Rockwall, Kaufman, Hunt, Collin & Dallas Counties. Does a “No Refusal” DWI weekend violate your right to refuse a test?
A No Refusal Weekend is essentially when the police have a judge on call to issue search warrants for blood tests when a driver suspected of drunk driving refuses a breathalyzer test. However, in order to issue a search warrant, he or she must have probable cause under the Fourth Amendment of the U.S. Constitution.
Unfortunately, many citizens believe that no refusal weekends require them to submit to tests which by law they have the right to refuse. The only difference between a no refusal weekend and any other weekend is that the police have an internal policy of getting search warrants to take the blood tests of anyone refusing to take a breathalyzer test.
While Texas is said to lead the nation in drunk driving deaths, I believe that no-refusal weekends may extend DWI cases as opposed to inducing expedited plea bargains and increased convictions. Because of the one-size-fits-all approach of no refusal weekend warrants, I find that in representing DWI cases that it is more likely there will be be a need to challenge the search warrants with motions to suppress breath and blood draws because of the involuntary submission to the tests.
While reducing fatalities resulting from drunk driving is a desirable goal, violating the Constitutional rights of our citizens is not the proper approach to take. It is important for law enforcement to protect society from public dangers; however in our constitutional republic we must respect the rights of the individual as well.
I am a experienced DWI attorney serving clients in Rockwall, Kaufman, Hunt, Collin & Dallas Counties. Just remember that a”No Refusal” DWI weekend violate your right to refuse a test. If you have questions, concerns or been charged with a DWI, call me today. There is no charge for the initial consultation.
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