Texas "No Refusal" Program

According to the Center for Disease Control and Prevention (CDC), approximately 30 people in the United States die each day in motor vehicle crashes involving an alcohol-impaired driver. In the state of Texas in 2009, there were 1,235 alcohol-related driving fatalities.

Statistics show that, in the United States, one in three people will be involved in an alcohol-related crash sometime in their lifetime. Driving under the influence of alcohol is a reckless action that results in property damage, numerous injuries, and loss of life. This act does not only endanger the person who chooses to drink and drive, but endangers everyone else on or nearby the roads. Many times, it is innocent people who lose their lives due to the bad decisions of others.

Unfortunately, Texas often stands as the state with the highest frequency of drunk driving-related accidents.

Consuming alcohol affects the body in many ways. The short term effects of alcohol consumption include:

• Decreased reaction time
• Impaired motor skills
• Impaired and blurred vision
• Nausea and vomiting
• Decreased sensory awareness
• Blackouts

Even the mildest symptoms can have severe consequences. A person must be attentive and alert in order to adjust and accommodate for any sudden changes in the environment. A driver must be aware of all his or her surroundings, including road signs, traffic lights, pedestrians, and other traffic. Alcohol negatively impacts all of the avoce.

Alcohol also tends to lower a person’s inhibitions which greatly affect his or her decision making skills. An impaired driver may be more apt to take risks at inappropriate times. Risky behavior combined with impaired senses and motor skills often have disastrous consequences.

Despite the fact that numerous programs are in place to emphasize the dangers of drunk driving, many continue to drive while impaired. For those who ignore the warnings, legal measures must be taken. Recently, several parts of Texas have implemented a new program to help crack down on drunk drivers.

In an effort to better remove drunk drivers from the road and to prevent drunk driving car crashes, many counties in Texas implemented a “No Refusal” program. In 2011, there were a few statewide “No Refusal” weekends.

When a driver is pulled over for suspected drunk driving in the state of Texas, he or she has the right to refuse a breath test in favor of a short license suspension. Because of this, nearly half of all those pulled over deny the breath test.

During a designated “No Refusal” weekend, drivers may still refuse a breath test. The difference is that those who refuse now must submit to a blood sample test. Officers who encounter a refusal may request a warrant to obtain a blood sample. Some jurisdictions may provide officers with blank warrants signed by the magistrate.

The primary reason officers obtain a blood sample is to analyze its content for alcohol in order to determine if the driver was under the influence of alcohol while driving. Using this process, it is possible to determine the drivers BAC (blood alcohol content).

Another reason to obtain a blood sample during a “No Refusal” weekend is that it acts as a deterrent for drunk driving. Some may feel that they can adequately fool the officer during a sobriety test or breath analysis test, but most are aware that a blood test is very accurate. Others may simply wish to avoid the process of having blood drawn.

The program has often been implemented during high risk holidays, such as the Fourth of July and New Years Eve, as well as many other weekends. During these times, police have seen a substantial increase in drunk driving arrests.

Many officials feel that this program is successful in both deterring drunk drivers and making drunk driving arrests. During 2011’s New Years Eve weekend, there were 177 drunk driving arrests in Harris county alone. Thirty-five of those were arrested through taking a blood sample. Additionally, in Harris County, there were no arrests for drunk driving deaths.

If you or a loved one has been injured, or a loved one has been killed, by a drunk driver, it is advisable to contact a personal injury lawyer, who can help approach the legal aspect of your situation and help you obtain the money you need to financially recover.

These Hubs are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.