The San Antonio DWI attorney and Austin area DWI Attorney at The DWI Dude, Jamie Balagia wants you to understand the government’s policy on No Refusal Weekend. The Federal Government is pushing state and local governments to adopt the “No Refusal Weekends” policy.
You have the right to refuse to:
• Answer questions about whether you have been drinking;
• Perform any field sobriety tests;
• Blow into the handheld portable breath test;
• Blow into the breath machine at the police station (but face a longer license suspension);
• Talk to the police about where you have been or where you are going;
• Give the police permission to search your car;
• Talk to the police about anything other than your driver’s license, proof of insurance, and registration;
You do have the right, however, to call our office any time of the night or day. Our phones are answered all hours of everyday. Do not try to talk your way out of a DWI by explaining that someone spilled a drink on you, or other justifications for why you smell like alcoholic beverages, bad driving, or anything else the police ask you. You cannot talk your way out of a DWI arrest.
When you refuse to give a voluntary sample of your breath the police may apply for a warrant from a judge or magistrate. This requires them to prove beyond a reasonable doubt that you were driving while intoxicated. If the police get a warrant you have to submit a sample of your blood. Nonetheless, this warrant can later be challenged in court, and may result in any blood results being excluded from trial or subsequent hearings related to a DWI in Texas.
No Refusal Weekend may make good government propaganda, but it makes for bad public policy. As San Antonio DWI Attorney Jamie Balagia points out in this article, this law authorizing the No Refusal Weekend policy is poorly written, the officers are poorly trained in protecting the rights of the accused, and judges are seemingly rubber-stamping these warrants. If you’ve been arrested and forced to give blood call our Austin DWI Attorney , or San Antonio DWI Attorney right now for a free consultation!