Memorial Day Weekend - Another DWI "No Refusal Weekend" - What Does That Mean?

Houston Police and other Harris County police agencies used this Memorial Day weekend to once again deprive citizens of the privacy we should all have in our own bodies.  Memorial Day weekend was announced as a "No Refusal Weekend" by authorities.

So what exactly is a "No Refusal Weekend?"  If you read the words, you would think that we as citizens of Harris County do not have the right to refuse to give a breath test or blood test if offered by the police.  This could not be further from the truth - you can always refuse to do any of the tests the police ask us to do.  That includes the right to refuse field sobriety tests, breath tests or blood tests.

That brings us back to the question, what is a "No Refusal Weekend?"  If you refuse to give a breath test or blood test, the police are forbidden from taking your blood at that point without a search warrant.  During the "No Refusal Weekend," the government puts together a team of police officers, medical personnel, district attorney's office representatives, nurses, the "bat van" and Judge(s).  The purpose of putting this "DWI TEAM" together is to make getting a search warrant for your blood easier.  The arresting officer will take you to where the "DWI TEAM" is.  The district attorney's office will help the officer draft a search warrant that is then presented to a "Neutral and Detached" Judge.  The Judge signs the warrant and they strap you down and extract your blood.

By refusing to give your breath or blood, the "DWI TEAM" is forced to jump through a few extra hoops which can sometimes lead to problems for the prosecutors.  Don't let the media / police / MADD / District Attorney's PR campaign go unchecked.  I hope that our citizens actually know the law, not what these PR campaigns want them to know.  If arrested for DWI, you absolutely have the right to refuse a breath or blood test.