No Refusal Weekends is bad policy

The Federal Government is pushing state and local governments to adopt the "No Refusal Weekends" policy.  San Antonio, and many other areas in Texas have adopted it every weekend.  The government's propaganda on this policy is, however, misleading.

  • YOU HAVE THE RIGHT TO REFUSE TO ANSWER QUESTIONS ABOUT YOUR ACTIVITIES LEADING UP TO YOUR CAR BEING STOPPED
  • YOU HAVE THE RIGHT TO REFUSE TO ANSWER QUESTIONS ABOUT YOUR DRINKING
  • YOU HAVE THE RIGHT TO REFUSE TO PERFORM FIELD SOBRIETY TESTS
  • YOU HAVE THE RIGHT TO REFUSE TO TAKE THE PBT
  • YOU HAVE THE RIGHT TO ASK TO CALL MY OFFICE 24 HOURS PER DAY
  • YOU HAVE THE RIGHT TO REFUSE THE BREATH TEST

If you refuse to take the DWI evidentiary breath test then Texas law allows the State to suspend your license for longer time periods, and evidence that you refused to take the test may be entered against you in court.

That does NOT mean, however, that you should agree to take the breath test.  The police cannot automatically get a warrant to draw your blood if you refuse a breath test.  They have to submit paperwork to a magistrate or judge and explain why they believe they have probable cause to believe you were driving while intoxicated.  While it is true that many judges will sign these warrants with very little evidence, there are still judges who take their jobs seriously and will require the State to provide detailed information before they sign a warrant.  

Don't be fooled by propaganda.  Stand for your rights!  If you are arrested, call my officer 24 hours per day.  We have qualified and trained staff and attorneys wanting to help you right now!