| Houston DWI Attorney Paul B. Kennedy 811 Heights Boulevard, Houston, Texas 77007 Tel: (713) 864-9727 Fax: (866) 587-2584 DWI Defense, Criminal Defense, Traffic Tickets, Family Law |
The Anatomy of a No Refusal Weekend
Should you have the unfortunate experience to be
stopped and investigated for suspicion of DWI during a
No Refusal Weekend, you will be compelled either to
submit a breath sample or a blood sample upon request.
If you decline to blow into the state's breath test machine
the arresting officer will fill out a probable cause affidavit
and attach it to a search warrant. That search warrant will
ask the judge to order you to submit a blood sample.
Local law enforcement will have a judge (or magistrate)
and a nurse (or nurse assistant) on hand to take a blood
sample from you - forcibly, if necessary.
You will not be afforded the opportunity to consult with a
DWI attorney before making your decision. You will not
be informed that you have the right to have a second
sample drawn by a doctor of your choosing. You will not
be protected by the basic Constitutional rights that
anyone accused of any crime other than driving while
intoxicated will be.
In short, you will be up the proverbial creek without a
paddle.
The best way to avoid this nightmare is not to drive if
you've had anything to drink on a No Refusal Weekend.
While it isn't against the law in Texas to consume alcohol
and then drive, with hyper-aggressive officers who treat
the smell of alcohol as proof of intoxication, you are taking
a huge risk.
My usual advice is never agree to perform field sobriety
exercises and ALWAYS refuse the breath test. On a No
Refusal Weekend that advice changes. As it is easier
(relatively, that is) to defend a breath test case than it is
to defend a blood test case, it might be wiser to opt for a
breath test.
Having said that, there are any number of issues that may
arise as the result of a forcible blood draw. These include
the contents of the warrant and probable cause affidavit,
the sanitary conditions where the blood was drawn, the
qualifications of the person drawing the blood, the kit
used to draw the blood, the storage of the blood sample
and the chain of custody surrounding the blood sample. It
makes that much more important that you hire an
experienced DWI lawyer.
If you've been subjected to a forcible blood draw or
submitted a breath sample on a No Refusal Weekend,
you need an experienced DWI lawyer. Contact Houston
DWI Attorney Paul B. Kennedy to discuss your case. The
consultation is free.
Should you have the unfortunate experience to be
stopped and investigated for suspicion of DWI during a
No Refusal Weekend, you will be compelled either to
submit a breath sample or a blood sample upon request.
If you decline to blow into the state's breath test machine
the arresting officer will fill out a probable cause affidavit
and attach it to a search warrant. That search warrant will
ask the judge to order you to submit a blood sample.
Local law enforcement will have a judge (or magistrate)
and a nurse (or nurse assistant) on hand to take a blood
sample from you - forcibly, if necessary.
You will not be afforded the opportunity to consult with a
DWI attorney before making your decision. You will not
be informed that you have the right to have a second
sample drawn by a doctor of your choosing. You will not
be protected by the basic Constitutional rights that
anyone accused of any crime other than driving while
intoxicated will be.
In short, you will be up the proverbial creek without a
paddle.
The best way to avoid this nightmare is not to drive if
you've had anything to drink on a No Refusal Weekend.
While it isn't against the law in Texas to consume alcohol
and then drive, with hyper-aggressive officers who treat
the smell of alcohol as proof of intoxication, you are taking
a huge risk.
My usual advice is never agree to perform field sobriety
exercises and ALWAYS refuse the breath test. On a No
Refusal Weekend that advice changes. As it is easier
(relatively, that is) to defend a breath test case than it is
to defend a blood test case, it might be wiser to opt for a
breath test.
Having said that, there are any number of issues that may
arise as the result of a forcible blood draw. These include
the contents of the warrant and probable cause affidavit,
the sanitary conditions where the blood was drawn, the
qualifications of the person drawing the blood, the kit
used to draw the blood, the storage of the blood sample
and the chain of custody surrounding the blood sample. It
makes that much more important that you hire an
experienced DWI lawyer.
If you've been subjected to a forcible blood draw or
submitted a breath sample on a No Refusal Weekend,
you need an experienced DWI lawyer. Contact Houston
DWI Attorney Paul B. Kennedy to discuss your case. The
consultation is free.
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How ironic that Harris County is gearing up
for another "No Refusal" weekend between
the hours of 10pm and 6am on both Friday
and Saturday nights. How ironic that on the
weekend that we celebrate the signing of
the Declaration of Independence - one of
the most revolutionary of documents - 233
years ago.
On the very weekend we commemorate a
document that indicted the King of England
for his trampling of individual rights and
liberties, the Harris County District
Attorney's Office and our local criminal (in)
justice system are ready to ride roughshod
over the Fourth, Fifth and Sixth
Amendments.
for another "No Refusal" weekend between
the hours of 10pm and 6am on both Friday
and Saturday nights. How ironic that on the
weekend that we celebrate the signing of
the Declaration of Independence - one of
the most revolutionary of documents - 233
years ago.
- We hold these truths to be self-
evident, that all men are created
equal, that they are endowed by their
Creator with certain unalienable
Rights, that among these are Life,
Liberty and the pursuit of Happiness.
— That to secure these rights,
Governments are instituted among
Men, deriving their just powers from
the consent of the governed, — That
whenever any Form of Government
becomes destructive of these ends, it
is the Right of the People to alter or
to abolish it, and to institute new
Government, laying its foundation on
such principles and organizing its
powers in such form, as to them shall
seem most likely to effect their Safety
and Happiness.
On the very weekend we commemorate a
document that indicted the King of England
for his trampling of individual rights and
liberties, the Harris County District
Attorney's Office and our local criminal (in)
justice system are ready to ride roughshod
over the Fourth, Fifth and Sixth
Amendments.
| Vampires expected to be out in force over the Fourth |