|Houston DWI Attorney Paul B. Kennedy
1415 North Loop West, Suite 102, Houston, Texas 77008
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. You need an experienced DWI lawyer to find
your way out of the water.
The best way to avoid this nightmare is not to drive if
you've had anything to drink on a No Refusal Weekend -
now every weekend's 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
Houston DWI attorney Paul B. Kennedy advises you to
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.
HOUSTON—The Harris County District Attorney’
s Office has received funding to expand its No-
Refusal Initiative to every weekend through the
next three years, District Attorney Patricia
Lykos announced Thursday.
Officials said the enhanced initiative begins
Friday and continues through the Halloween
weekend nights, a time when there is an
increase in impaired drivers.
The funds, awarded through the Texas
Department of Transportation, will pay for 246
No Refusal weekend days over the three-year
life of the grant, the equivalent of eight months
of daily added enforcement.
"In the past, we were limited to 11 weekends.
This grant means that every weekend we will
fight this crucial war against intoxicated drivers
and their lethal legacy of crashes," District
Attorney Lykos said.
Authorities said Harris County has led the
nation in frequency of alcohol-related traffic
crash fatalities. The District Attorney’s Office
said it filed 13,788 criminal charges involving
intoxicated drivers in 2009.
During No Refusal operations, suspected drunk
drivers who decline a breath test will be subject
to a mandatory blood test on the spot. In 2009,
359 No Refusal warrants were issued.
Catherine Evans, Chief of the District Attorney’
s Vehicular Crimes Section, said the No
Refusal program has repeatedly proven its
effectiveness. Prosecutors said more suspects
voluntarily consent to breath tests on No
Refusal nights. For those who don’t, the blood
evidence has boosted conviction rates.
Evans said No Refusal may also be used on
some mid-week holidays or events typically
associated with increased drunk driving.
However, weekend nights remain the prime
"The ultimate goal of the District Attorney’s
Office and our partners is to save lives by
having people make safer transportation
choices," Evans said.
|'No Refusal' initiative expands to all
weekends in Harris County
Houston DWI Attorney Paul B. Kennedy defends citizens accused of drunk driving and other crimes in Houston, Galveston,
Conroe, Sugar Land, Richmond, Missouri City, Harris County, Galveston County, Fort Bend County, Montgomery County,
Brazoria County, Waller County , Walker County, Austin County, Polk County, Jackson County, Fayette County and