Let’s talk about No Refusal. What is it and how does it affect you?
No refusal has been enacted in cities around the state and gives law enforcement a fast-track to draw blood if they suspect someone of impaired driving. This means if you get pulled over and are asked to take an impairment test or breath test and refuse, you will be immediately taken to have blood drawn. Judges are on call to issue warrants just for this purpose so there is no way you can get out of it.
Let’s talk about the basics in a situation like this:
- Have your driver’s license, insurance and vehicle registration ready for the peace officer.
- If you had an open bottle of alcohol in your car, it doesn’t matter if you’re the driver or the passenger, you can receive a Class C Misdemeanor and be fined up to $500.
- If you are arrested for a DWI, Texas law requires that you take a blood or breathe alcohol content test. Due to the “implied consent” law, if you are arrested by a peace officer under the probable cause of handling a vehicle while intoxicated, then you consent to taking a test to determine the your BAC level at the time.
- Evidence of refusal could be used against you in the court of law
- If you refuse to take the test, your license will automatically be suspended, (whether or not you are subsequently prosecuted) for no less than 180 days.
- The officer may apply for a warrant authorizing a specimen for the BAC test.
All this is just the tip of the iceberg, with much more complications and penalties depending on the severity of the arrest and incident. Best way to avoid all of this mess? Is prevention!
- Plan ahead and get a sober ride.
- Designate a DUDE
- Call a cab or transportation service
- Drink responsibly (yes, it’s possible!)