“Texas DWI no-refusal weekends” – KNOW YOUR RIGHTS.
The State of Texas has begun to tout it’s “no refusal weekend” campaign aiming to reduce incidents of drunk driving that may lead to serious injuries (click here for article). Although the goal is a good one, it does it at the expense of misleading you into believing you are no longer protected by the Fourth Amendment of the United States Constitution, which protects you against unreasonable searches and seizures.
The “no refusal weekend” is a marketing ploy to get you primed and ready to not put up a fight and more easily give-in to performing field sobriety tests, including the “follow the pen with your eyes” test (Horizontal Gaze Nystagmus), without exercising your rights to refuse to do so.
And while a police officer may be able to convince a judge to sign a search warrant (by proving “probable cause”), which will then allow the authorities to stick a needle in your arm against your own will; you still have the right to refuse up until the point a search warrant is obtained (but not without any consequences).
Know your Rights! Be wary of this misleading campaign. You have the right to refuse under the Constitution of the United States. Know, however, that authorities are becoming more zealous in obtaining warrants and drawing blood against your will.
So what Advice can I give you if you’re going to be drinking. Take a cab or have a designated driver. Either one of these options is more likely to save you money, even if you were to be taken in and pass the blood alcohol test. Either way, having the “right to refuse” doesn’t mean that it should be exercised to violate the law and endanger other human beings.
If you need any help, make sure you call our firm (956) 972-0141 or (877) T-HelpsYou.
Defending Your Rights and Fighting for Justice,
-Humberto Tijerina III
For Tijerina Legal Firm, P.C.