No Refusal Weekends and Holidays in Texas

Stay Informed with a Houston DWI Attorney: (713) 468-9333

In Texas, the Holiday Weekend has been renamed the No Refusal Weekend. In a nutshell, this is a cooperative effort between Judges, District Attorneys, and the Police, and usually observed and sometimes funded by MADD, to convict you of a DWI whether you deserve it or not. Usually your local police departments and sheriff departments will announce a no refusal weekend, but you can count on all of the following as being designated a no refusal weekend:

  • Memorial Day weekend,
  • the 4th of July,
  • Labor Day weekend,
  • Halloween,
  • Thanksgiving weekend through Christmas and New Year's Eve.

If you have only one or two drinks at a holiday party in Houston, Texas, and you are stopped for an innocent traffic violation, then it is very likely that you will be arrested and your blood will be forcibly taken from you.

If you do not fall within one of the statutorily created "NO REFUSAL" exceptions to reasonable searches and seizures guaranteed to you by the 4th Amendment, and which are set forth in Transportation Code §724.012, then the police will get a search warrant to take your blood.

When the police get the search warrant for your blood, and if you then do not cooperate in the taking of your blood, you will be held down and your blood will be forcibly taken from you by the police.

Texas Transportation Code Section 724.012. TAKING OF SPECIMEN. (a) One or more specimens of a person's breath or blood may be taken if the person is arrested and at the request of a peace officer having reasonable grounds to believe the person: (1) while intoxicated was operating a motor vehicle in a public place, or a watercraft; or (2) was in violation of Section 106.041, Alcoholic Beverage Code. (b) A peace officer shall require the taking of a specimen of the person's breath or blood under any of the following circumstances if the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft and the person refuses the officer's request to submit to the taking of a specimen voluntarily: (1) the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense and, at the time of the arrest, the officer reasonably believes that as a direct result of the accident: (A) any individual has died or will die; (B) an individual other than the person has suffered serious bodily injury; or (C) an individual other than the person has suffered bodily injury and been transported to a hospital or other medical facility for medical treatment; (2) the offense for which the officer arrests the person is an offense under Section 49.045, Penal Code; or (3) at the time of the arrest, the officer possesses or receives reliable information from a credible source that the person: (A) has been previously convicted of or placed on community supervision for an offense under Section 49.045, 49.07, or 49.08, Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections; or (B) on two or more occasions, has been previously convicted of or placed on community supervision for an offense under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections. (c) The peace officer shall designate the type of specimen to be taken.

What does this mean for me?

If you have been arrested in Houston, Texas for DWI and you were in an accident and you refuse to take a Breath test or Blood test, then Transportation Code §724.012 gives the police power to hold you down and take blood from you without your consent and without a search warrant if:

  • any individual has died or will die;
  • an individual other than you has suffered serious bodily injury; or
  • an individual other than you has suffered bodily injury and been transported to a hospital or other medical facility for medical treatment.

If you have been arrested in Houston, Texas for DWI with a child passenger under the age of 15, then Transportation Code §724.012 gives the police power to hold you down and take blood from you without your consent and without a search warrant.

If you have been arrested in Houston, Texas for DWI and you refuse to take a Breath test or Blood test, and at the time of your arrest the police have reliable information from a credible source that you have:

then Transportation Code §724.012 gives the police power to hold you down and take blood from you without your consent and without a search warrant.

I know what you are asking yourself: "if am arrested for DWI in Texas during a No Refusal Weekend ...to blow or not to blow??? ...what do I do???" My opinion is that it is my easier to convince a jury that the Intoxilyzer is wrong, rather than trying to convince a jury that a blood test is wrong. When you've been arrested for DWI in Houston and when the best possible outcome matters, contact a Houston DWI attorney from Mark A. Morasch, Attorney at Law today for a free initial consultation.

Hard-Hitting Houston DWI Defense Lawyer

If you have been arrested for DWI then contact my office to discuss your case today. You can speak to someone weekday or weekend, day or night by calling 713-468-2394 (713-got-aDWI), or you can use the e-mail link for a response the next business day. In criminal cases I offer payment plans, and I accept Visa, MasterCard, Discover Card, and American Express. Program my number into your cell phone now, because you never know when you'll need help.

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