The standard rule in Texas, when it comes to drinking and driving, is that anyone driving with a blood alcohol level of .08 or higher is considered legally impaired and will be issued a DWI. Typically, when a driver is pulled over and the police suspect the driver has been drinking, the driver will be asked to perform several tasks, known collectively as a field sobriety test. In addition, the driver will be asked to take a breathalyzer. Generally, the driver will be allowed to refuse the breathalyzer but will be penalized for the refusal with a 180-day automatic suspension of driving privileges.
But, this weekend the State of Texas has implemented a “no refusal” weekend for the Fourth of July holiday. While several cities across the United States have implemented “no refusal” weekends in the past, Texas is the first state to issue a state-wide policy. Police officers attribute the “no refusal” mandate based on evidence that the Fourth of July weekend is the number one holiday for alcohol-related fatal crashes. Last year’s Fourth of July weekend produced a total of 337,000 car crashes in Texas alone.
The “no refusal” weekend begins at 6 p.m. on Friday, July 1, and ends at 6 a.m. on Tuesday, July 5. Under this policy, anyone suspected of driving a car or boat while intoxicated and who refuses to take a breathalyzer will have a search warrant issued to them and their blood drawn. So a word to the wise – enjoy your holiday weekend but be smart, safe and don’t drink and drive.
For more information contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.
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