July 4th Weekend - Another "No Refusal" Weekend for Houston DWI Suspects
The 4th of July weekend brings another weekend that law enforcement will once again utilize its controversial “No Refusal” policy for those citizens arrested for a Houston DWI offenses. Law enforcement agencies have teamed up with the district attorney’s office to force blood from DWI suspects who don’t volunteer to give a breath or blood test.
When a police officer, sheriff’s deputy or DPS Trooper arrests a citizen for DWI this 4th of July weekend, they simply won’t take no for an answer. Even though we all have a right to refuse a breath or blood test, law enforcement just refuses to see it that way. Instead, these law enforcement officers – with the aid of the district attorney’s office – will fill out a search warrant affidavit and ask a Judge to sign that affidavit. The police will then strap the DWI suspect down and forcibly take his blood.
It should be noted that a prominent Houston DWI lawyer recently made a request to determine how many, if any, DWI blood search warrants had been refused by the Judges. The answer, I believe, was none. The Judges are “suppose” to be neutral and detached from the facts and the results in this process. They are “suppose” to carefully scrutinize these DWI search warrant affidavits and only sign if the affidavit is sufficient. Does it sound like the Judges are acting as a rubber stamp in these DWI search warrant cases? Does it sound like the Judges are acting neutral and detached in this process as required by the Code of Criminal Procedure?
For a more cynical article, read Paul Kennedy's take on the "No Refusal" 4th of July weekend.
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