As a Texas attorney for over 25 years, I have seen firsthand how “no refusal” weekends affect the lives of drivers in our community. Between October 11-12, 2024, the Texas Department of Public Safety (DPS), along with several local law enforcement agencies, conducted another one of these controversial initiatives. The results: 21 arrests out of 237 vehicles stopped, with 20 for Driving While Intoxicated (DWI) and 1 for Driving Under the Influence (DUI).
While getting drunk drivers off the road is a noble cause that I fully support, I have serious concerns about the methods used during no refusal weekends and the long-term impact on those arrested. As a fierce advocate for the constitutional rights of the accused, allow me to share a defense attorney’s perspective on what transpired.
What is a “No Refusal” Weekend?
During a no refusal weekend or initiative, law enforcement agencies set up checkpoints and deploy extra patrols specifically looking for impaired drivers. Judges are on standby to quickly issue search warrants for blood samples if a driver refuses a breath test after being arrested on suspicion of DWI. Normally, drivers have the right to refuse such tests, but the on-call judges diminish that right.
Proponents say this helps get dangerous drivers off the road and provides vital evidence for DWI cases. But in my experience defending hundreds of these cases, the “evidence” collected is often flawed, and the initiative tramples on citizens’ rights.
Concerns with Breath and Blood Tests
During this recent Waco initiative, 14 blood samples and 7 breath tests were collected from the 21 arrested individuals. Only one person refused testing. Breath test results ranged from 0.109 to 0.152, all above the legal limit of 0.08.
However, both breath tests and blood analysis are prone to errors. Breathalyzer devices must be meticulously calibrated and maintained. Operator error, medical conditions, and even burping can lead to inaccurate breath test results. Blood samples can be mishandled, mixed up, or contaminated. The “chain of custody” documenting who handled the blood is often incomplete. Testing blood for BAC level involves sophisticated gas chromatography, which many crime labs are not equipped or trained to perform reliably.
In short, the “evidence” from no refusal weekends is not as iron-clad as police and prosecutors would have you believe. Judges and juries should view it with a skeptical eye.
Trampling on Constitutional Rights
The Fourth Amendment protects against “unreasonable searches and seizures.” By making judges readily available to rubber-stamp search warrants, no refusal initiatives chip away at this fundamental right. If an officer can get a warrant for a blood draw in mere minutes, is it really a meaningful protection? Are judges thoroughly reviewing the evidence for probable cause as the Constitution requires?
Threatening someone with a needle in their arm if they refuse a breath test also violates the spirit, if not the letter, of the Fifth Amendment right against self-incrimination. If citizens can’t truly refuse the test, then the police aren’t respecting their right to remain silent.
The True Human Cost
This no refusal weekend resulted in 21 arrests, but the impact ripples far beyond those individuals. Jobs can be lost, relationships strained, reputations tarnished, opportunities vanished. Not all of those arrested will be proven guilty. Even for those who are, do they deserve to have their lives derailed?
A DWI conviction can follow someone for decades. A single mistake, especially by a young person, can close many doors and limit their potential. We are a society that believes in second chances, but a DWI conviction can mean those chances are few and far between.
Darren Bertin
DWI Defense Attorney at Dunham & Jones
Waco, Texas
Restorative Justice Over Retribution
Texas DPS Waco District Commander Captain Richard Hoover said of the initiative: “There is no excuse for driving while intoxicated. It is a reckless and selfish act that puts countless lives at risk. The consequences of driving impaired can be devastating and should be avoided at all costs.”
I agree there is no excuse for drunk driving. But I disagree that harsh, uncompromising punishment is the answer. Instead of derailing lives, our justice system should focus on reforming behavior.
Options like ignition interlock devices, probation, alcohol treatment, and community service allow offenders to learn from their mistakes while still contributing to society. Incarcerating and marginalizing them helps no one. If we want safer roads, we need to invest in prevention, treatment, and rehabilitation, not just arrests and convictions.
Conclusion
As a Waco DWI defense attorney, my job is to hold law enforcement accountable and protect the rights of the accused. No refusal weekends, while well-intentioned, often trample on constitutional protections and rely on flawed evidence. More importantly, they can permanently alter the trajectory of someone’s life for a momentary lapse in judgment.
We need a justice system based on empathy, science, and reason, not just punishment and retribution. By refocusing our efforts on education, treatment, and rehabilitation, we can reduce drunk driving and protect public safety without ruining lives in the process. As a society, we should strive for nothing less.
