What Are No-Refusal Weekends and Why Can’t I Refuse a Blood Test During One?

 During the entirety of a no-refusal weekend, people who are arrested for driving while intoxicated (DWI) or driving under the influence (DUI, for minors) cannot refuse a blood test. In essence, officers can collect blood evidence from you—by force, if necessary—if they have a signed warrant from a judge.



No-refusal weekends were implemented years ago based on the implied consent statute proclaimed by the Texas Legislature. Implied consent is rooted in the premise that drivers enter a contract to “consent” to providing a body fluid specimen to law enforcement as part of the privilege of driving in the state of Texas. More specifically, Section 724.011 of the Texas Transportation Code says that a person arrested for a DWI, DUI, or other related offenses is, by law, already “deemed to have consented” to law enforcement taking measurements regarding his or her breath or blood.

Are No-Refusal Weekends Unconstitutional?

Some people consider no-refusal weekends draconian by their nature since the citizen can be restrained and poked with a needle by a law enforcement officer and have blood taken from them. In some states, the no-refusal weekend blood-draw mandates have been struck down by the United States Supreme Court courtesy of the recent Missouri v. McNeely decision. Clearly, there are Fourth Amendment implications when an officer of the law pokes someone’s arm and takes a specimen from their body. However, Texas courts have not found no-refusal weekends unconstitutional at this time.

If you do find yourself wrongly arrested for DWI and officers have presented you with a signed warrant from a judge, we recommend cooperating with them during this process and arguing your case in court, not at the arrest scene or strapped to a chair while they are taking your blood.

Here are some other things you should know about no-refusal weekends.

1. When Are No-Refusal Weekends Most Likely to Occur?

You’ll hear about a no-refusal weekend being scheduled around popular holidays like:

· New Year’s Eve

· New Year’s Day

· St. Patrick’s Day

· Fourth of July

· Christmas

· Thanksgiving

· Super Bowl Weekend

· Labor Day

· Memorial Day

During these weekends or holidays, the number of alcohol-involved accidents and DUI as well as DWI arrests rise because of there being more social get-togethers involving drinking.



2. What Happens If I Refuse to Take a Blood Test During a No-Refusal Weekend? 

People who refuse to take a blood test can face a range of consequences. Chances are, during this time, law enforcement officers have access to a judge near their checkpoint who can issue an expedited warrant. The no-refusal program gives officers the right to request a search warrant electronically. Once it’s transmitted to the officer’s cell phone or dashboard computer by the court, they can officially use force to retrieve a blood sample from you.

Recommended Read: Stopped for a DWI: How to Answer Common Questions

3. What Should I Do If I’m Stopped During a No-Refusal Weekend?

If you’re suspected of drunk driving and stopped by an officer during a no-refusal weekend, say as little as possible. Do not volunteer any information as to where you’ve been or what you’ve been doing—it’s none of their business. If they ask you to submit to a blood test, tell them no, unless they have a warrant. If the officer cannot produce a warrant, refuse the test. They cannot lawfully take your blood sample without a signed warrant from a judge.

If you’ve been arrested during a no-refusal weekend, find an aggressive DWI lawyer based in the Greater Houston area. Attorney JL Carpenter should be your first call at (713) 561-5378. She has successfully defended hundreds of people just like you from wrongful no-refusal weekend DWI charges. Browse through her reviews and case results to understand how she can help protect your future and freedom.

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