Under Texas law, no-refusal weekends refer to specific dates (mostly holiday weekends) when police officers, under a signed warrant from a judge, have the right to take a blood sample from a driver—under force, if need be—with the purpose of acquiring evidence to prove intoxication. This blog will talk about no-refusal weekends in 2022 and help you protect yourself during these highly patrolled times.
1. When Are the No-Refusal Weekends in Texas?
No-refusal weekends are holidays that are notorious for higher-than-average alcohol consumption. They include St. Patrick’s Day, Juneteenth, Independence Day, Halloween, Christmas, New Year’s Eve, and so on. During these weekends, you can be pulled over for a suspected driving while intoxicated (DWI) offense at any time.
2. What Happens If I Refuse a Blood Test/Breathalyzer?
During no-refusal weekends, if the officer has probable cause, they will first request that you take a blood test. If you refuse it, they will request and receive a search warrant signed by a judge on call. When the warrant is presented, if you continue to refuse or resist, they have the authority to take radical measures, such as restraining you in a chair to take your blood.
3. What Are the Penalties for DWI During a No-Refusal Weekend?
The penalties remain the same. First offenses are punishable by up to 180 days in jail and a fine of up to $2,000. For second offenses, offenders spend between one month to a full year in jail and pay up to $4,000 in fines.
Third offenses are more serious. If convicted, you’ll spend between two and 10 years in prison and pay a fine of up to $10,000. There are certain special circumstances, however.
If caught driving drunk with a child passenger, you will also be charged with child endangerment. This entails an additional fine of up to $10,000 and state jail time of up to two years.
4. How Can I Avoid Worrying About No-Refusal Weekends?
While you should take strong precautions and drink responsibly throughout the year, be extra cautious during no-refusal weekends. If you go out with friends or family, appoint a designated driver who does not drink. Or you can be the designated driver. If you didn’t plan ahead and had just one drink, err on the side of caution and call an Uber or a Lyft.
Recommended Read: Ways to Have Your DWI Charges Reduced
Were you arrested and charged with DWI during a no-refusal weekend? Attorney JL Carpenter is considered one of the most tenacious criminal defense attorneys in the Greater Houston area, including in Friendswood and Clear Lake. Her practice areas include DWI, boating while intoxicated, domestic violence, family violence, and drug possession, among others.
Click here to schedule a consultation. For more information, take a close look at her track record.