It's a 'no refusal' weekend for repeat drunk drivers

For repeat drunk drivers in Williamson County it'll be a no refusal weekend.

That's because the Williamson County district attorney's office said officers will seek out a search warrant for a blood sample for anyone with two DWI convictions on their record.

Judges will be on-call, even overnight, to consider and approve search warrants.

In Texas, more than half the drivers arrested for DWI refuse to take a breathalyzer test.

That refusal goes up to 60 percent for people with at least two prior convictions.

One third of the DWI convictions in Texas ultimately become a felony crime punishable by 2-10 years in prison and a $10,000 fine.

The first two DWI convictions are misdemeanors. Prosecutors across the state are promoting 'no refusal' weekends.

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Austin police plan to crack down Halloween weekend

Drunk drivers beware: Austin police are cracking down for the Halloween weekend.

Police said any driver suspected of driving while intoxicated will not be allowed to refuse sobriety testing.

Over the Halloween weekend, drivers who refuse the breathalyzer will be providing a blood sample, police said.

"If you are arrested for DWI, and you refuse a chemical test, we will then take all legal action, which means writing a search warrant, obtain a court order, to obtain that blood test," Austin Police Chief Art Acevedo said.

Suspected drunk drivers are normally given the option to take a chemical test, also known as a breathalyzer.

Acevedo chose Halloween because the number of DWIs on that day has increased over time.

The "No Refusal" is part of the capital city's Zero Tolerance Program on drunk drivers.

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Controversial DWI blood draw plan starts this weekend

Starting this weekend, if you refuse to blow into a breathalyzer, you could lose some blood, Austin's police chief said.

"We will have a phlebotomist on duty at our BAT [Breath Alcohol Testing] testing bus, who we're paying $17 an hour to draw your blood," Austin Police Chief Art Acevedo said.

Acevedo is using this holiday weekend as a test period for the controversial procedure to combat drunk driving.

"Our hope is to save lives, to prevent destruction and to change
behavior," he said.

A judge will be on call this weekend, and if he or she finds probable cause, he or she will sign a search warrant allowing a trained professional to draw blood.

Driving while intoxicated attorneys said that decision might not be fair.

"It's a slippery slope once this begins to happen, as to just how far the government will go in denying people their rights," attorney Jerry Smith said.

For more than 30 years, Smith has been fighting DWI cases in court.

"I think there are going to be significant issues raised on appeal,
challenging both the constitutionality and perhaps some
of the procedures," he said.

So how many people would this actually affect?

According to the chief of police, close to 50 percent of those suspected of drunk driving pulled over refuse to take the breathalyzer test.

	Driving while intoxicated attorneys said that decision might not be fair.

"Life is about choices, and sadly too many Austinites, too many Texans and too many Americans are making bad choices when it comes to drinking and driving," Acevedo said.

This weekend, APD won't give you a choice if you choose to
drink too much and get behind the wheel.

Acevedo said police won't physically force anyone to give their blood, but if you refuse both the breathalyzer and blood draw, more charges will be added.

Those will include obstruction and failure to follow a court order.

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No refusal DWI policy in effect despite protestors

Not everyone was out for a good time Halloween night.

Protestors were out to voice their views of an Austin police no refusal DWI policy.

Austin police officers were out Friday night looking for drunk drivers and they weren't taking no for an answer.

Drivers who were pulled over were given a choice. They could take a breathalyzer test or a judge would issue a warrant for blood to be drawn to check their blood alcohol level.

The protestors believe the policy is a violation of civil rights. Austin police say it's legal and necessary to crack down on DWI.

"We're one of the last major cities in the state that has not had one of these (policies) yet. All the other large cities--I've spoken to Houston, Dallas, San Antonio and they do them all the time," Lt. David Mahoney said. "It's legal, you know what I mean. There hasn't been much challenge to it. There's a high conviction rate because blood is one of your best forms of evidence for DWI."

Lt. Mahoney said Austin police DWI unit has actually been using the system for years. This weekend is the first time the entire police force is making use of the warrants.

A trained phlebotomist was on hand to draw the blood. According to Mahoney, over 6,000 people were arrested for DWI in Austin last year.

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APD believes 'no refusal' weekend paid off

Austin police said they made a typical number of driving while intoxicated arrests over the Halloween weekend, despite the huge turnout on Sixth Street.

They credited the success of Austin Police Department's "no refusal" weekend.

In all, there were about 74 arrests made throughout the City of Austin from Friday to Sunday.

A court order allowed blood to be drawn from 26 suspected drunk drivers, who refused to submit to a breath test.

Police said even though the threat of being subjected to a blood test didn't keep everyone from driving drunk, their efforts will pay off in those 26 cases.

"This is going to be effective when the judges and juries have that information and know beyond a reasonable doubt what that driver's blood alcohol was," Cmdr. Donald Baker said.

Austin police said they are looking into putting the no refusal policy into place year-round.

However, police will not be able to use Travis County's on-staff phlebotomist after Jan. 1, so they will have to find a different solution

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54 DWI arrests on Halloween in Austin

The Austin Police Department arrested 54 people within an eight-hour span during the Halloween "no refusal" weekend.

Out of those arrests, 26 people refused to give a sample of their breath, but after a search warrant was signed by a judge, they had their blood drawn.

Of the lot, seven people had a blood alcohol level twice the legal limit, 19 had a blood alcohol limit higher than that.

"I would need another team of officers to do it full-time," Lt. David Mahoney said. "So I would say, I would like to do it more often, but right now, we are only sticking to large holidays or weekends where statistics show there are large numbers of DWI arrests."

APD plans to do another "no refusal" during New Year's Eve celebrations.

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Bell County tallies 11 DWI arrests on holiday

APD asks Austin drivers to take it easy behind the wheel
11/10/2008 9:00 PM
By: News 8 Austin Staff

The Austin Police Department wants the community's help to lower the number of traffic fatalities.

During a month and half, traffic accidents have claimed 10 lives. Four incidents involved pedestrians crossing the street, and two involved motorcycles.

Investigators said one of the motorcyclists was not wearing a helmet.

Officers said they are greatly concerned about the high number of lives being lost on the roadways this year.

"We as the police department need the community's help," Sgt. Kris Thompson said."“We are trying to effectively change the driving culture in the city of Austin. We can do enforcement, but that can only take us so far, we need the public's assistance in helping to change the culture and attitudes of people behind the wheel of the car."

So far there are more than 50 traffic deaths in the city this year, compared to 60 last year.

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Repeat DWI offenders graduate in prison

They've gone through six months of intense counseling and rehabilitation. Monday, more than 130 repeat DWI offenders called themselves graduates after completing the In Prison DWI
Recovery Program. In September, KLTV 7 told you about the first DWI graduation at the MTC East Texas Treatment Facility in Henderson. Monday, the remaining offenders received their certificates.

They didn't wear a cap and gown, and they didn't receive a diploma, but nothing can take away from the accomplishment these 130 men have made.

"It's a hard task for them to actually talk about their problems and their treatment plans, and going through the program for six months is not an easy task, so this is what we do every month," said Program Director Stacey Taylor. "We do a celebration, or graduation for these offenders." These men are the last of the original 500 offenders to graduate from the In Prison DWI Recovery Program, but the first in the state to undergo such treatment. Omar Contreras of El Paso says the program has changed his way of thinking.

"A lot of things that I thought I was thinking, or doing right, were not, and I've realized that," said Contreras. "This opportunity to come to this program has really opened my mind to make the right choices and wise decisions." Contreras says he's confident he will live a better life, something State Senator John Whitmire, who was instrumental in obtaining funding for the program says he hopes to hear more of.

"They got to do it for themselves and the people that follow in their footsteps," said State Senator, District 15 John Whitmire. "I have to sell this to our colleagues in Austin. There are some that don't want to hear about it, so I need evidence. I need examples of where it works, so I can do more." More treatment for non-violent offenders like Contreras who says he's grateful for a second chance.

In January, Senator Whitmire says they will conduct a study on those offenders who went through the program. The inmates are non-violent offenders who have been charged with three or more DWI's.

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Police suspect man of driving drunk, firing gun from car

A man with three prior DWI convictions is arrested in East Austin on Christmas night.

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Police suspect he was not only driving drunk, but firing a handgun from his SUV.

Investigators say the shots were fired at 13th and Concho street.

"The nature of the call was a very dangerous situation," said APD rookie officer Alexander Lomovstev. He was only a couple of blocks away when he got the call of shots being fired at 13th and Concho Street. Lomovstev spotted the red suburban, driven by Blas Bautista, pull out in an aggressive manner.

"I got a little bit closer, and I heard 3 or 4 gunshots coming out of the direction of the vehicle," Lomovstev said.

Officer Lomovstev says the Suburban made its way down 13th to Chicon - then northbound on Chicon to East 17th street, before turning southbound on Alamo. That's where Lomovstev pulled over Bautista.

When the arresting officer approached the vehicle he said he could smell a strong odor of alcohol.

"His eyes they were glassy and bloodshot, all the signs of an intoxicated driver," Lomovstev said.

Public data documents show that Bautista has three previous DWI convictions since 2000. His last DWI conviction came just two months to the day that he was released from the Texas Department of Criminal Justice at Huntsville.

Police also detected the strong scent of freshly burned gun powder inside Bautista's vehicle.

Officer Blayne Williams says he found a 38 Special about ten feet from Bautista's truck.

"Inside of the weapon there were four spent rounds and one live round in the chamber, which means if that round was down, if it would have been fired if that round would have struck officers or innocent bystanders," Williams said.

Charlie Mansfield owns a home just two blocks away from where the first shots were fired.

"Obviously any person that's going around shooting firearms, even if it is into the air, we would want law enforcement to take care of that, but I can say in general the people in this neighborhood love the neighborhood," Mansfield said.

It is against the law for a convicted felon to have a gun.

Right now Bautista faces felony possession of firearms as well as DWI charges.

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DWI Court helping people remain sober

At his worst, Eric "Bodie" Wright drank a 30-pack of beer every day consecutively for six years. He drank all day long.

Wright, 36, of Brownwood, was a heavy drinker since he attended high school in Blanket.

"I was a basketball player and set records in track, but I chose to party," Wright said.

Through the years, drinking cost him a marriage and a job, and when he bottomed out, nothing else mattered but drinking.

Between 2005 and 2007, he received two citations for driving while intoxicated. After the second DWI, he was expecting to go to jail, but he was offered an alternative -- DWI Court in Brown County.

On Friday, Wright was the first graduate of DWI Court, and the event was doubly special because he also was celebrating eight months of sobriety.

"Today is overwhelming, and I am so happy I can move forward and stay sober," Wright said.

The 12-month, three-phase program calls for a team approach for alcohol and drug offenders instead of sending them to jail.

Brown County is one of five counties statewide that has initiated the DWI Court and is the only rural county to adopt the program. The other counties that have DWI courts are Lubbock, Webb (Laredo), Travis (Austin) and McLennan (Waco). Last year, Brown County officials were invited to attend training in Austin offered by the National Highway Traffic Safety Administration.

The purpose of the court is to help nonviolent offenders by placing them under the supervision of a team made up of court staff, prosecutors, a defense attorney, treatment providers and probation officers to help the person stay clean and sober.

Prosecutors welcome the program designed to give people who have substance abuse problems a chance.

"In the past, all we have seen is people fail," said Elisha Nix, assistant county attorney. "It has been a process to plan this and get it ready, but we are working on it."

There are nine participants in the DWI Court program and room for a total of 30.

During Phase 1, offenders are required to make court appearances up to four times a month, to attend a 12-step program, to take alcohol and drug screens, and abide by a curfew. Treatment in Phase 1 could include medically supervised detoxification, inpatient residential treatment or outpatient treatment.

Requirements ease up during phases II and III, but the offenders are still required to take drug and alcohol tests, show up for court a few times a month, maintain a job, attend 12-step meetings and stay sober.

Any violations could result in increased treatment requirements, community services assignments, jail time or even termination of the program.

Judge Frank Griffin, who presides over the court, said the main thing participants have to do is be honest.

"The sanctions are less if the offenders are honest," Griffin said, adding that national statistics show recidivism is less for communities with DWI courts.

Honesty paid off in Wright's case. After several months in the program, he told his probation officer that he was having trouble staying sober and that outpatient programs were not working for him. So he decided to go to a 30-day inpatient treatment at La Hacienda Treatment Center in Hunt.

"This program gave me the opportunity to do that," Wright said. "God has blessed me with a second chance."

As part of the program, Wright was fitted with an electronic monitoring device and sentenced to a year of probation. The device was removed Friday, and he will complete probation Monday.

Griffin said the program can make a difference.

"It is not always going to work," Griffin said. "But if we can make a difference for some of these people and help them become alcohol-free, the program is worth it."

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Police: Man who hit Georgetown cop had multiple DWI arrests

A Georgetown police officer is recovering from surgery at Brackenridge hospital Tuesday night after being hit by a suspected drunk driver.

Officer Keith Laughlin, 26, was assisting a stalled motorist around 7 p.m. Monday, when authorities say Tommy Hagar, 56, slammed into the vehicles, crushing the officer’s legs.

Police arrested Hagar at the scene after they reportedly smelled alcohol, and they now say Hagar has been arrested several times for alcohol-related offenses.

He's currently being held in the Williamson County jail, charged with intoxication assault and is being held on a $40,000 bond.

According to court records, on Christmas Eve Hillsboro police arrested Hagar for driving while intoxicated. Records also show Hagar was released from probation this summer in Williamson County stemming from an alcohol related offense in 2006. The assistant chief of police says this shows the danger of drinking and driving.

“He just went through an MRI this morning and they are trying to determine the extent of his injuries,” Georgetown Asst. Police Chief Kevin Stofle said.

“It's horrible that someone drinks and runs into a cop like that. When you see a cop you should yield and slow down,” Georgetown resident Bobby North said.

The assistant police chief agrees and says it was a senseless accident.
“Do not drink and drive. Any instance where that happens the potential is there for an accident of this nature,” Stofle said.

Officer Keith Laughlin joined Georgetown Police Department in April of this year. He is married and has a seven month old son.

Detective Eric Wise, the President of the Officer’s Association said “He’s on of our newest officers and kind of one of our rising stars.”

Detective Wise said he spoke with Laughlin earlier Tuesday night and said Laughlin is looking forward to going back to work.

Laughlin is in stable condition tonight. He underwent surgery on one of his legs Tuesday morning and will undergo a second surgery Tuesday.

Hagar is an employee of the City of Georgetown Parks and Recreation Department.

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Austin police record 24 DWI offenses on New Year's Eve

As part of the citywide “no refusal” program, Austin Police Department reported 24 driving while intoxicated arrests New Year’s Eve night.

Eleven people agreed to breathalyzers and one voluntarily provided a blood sample.

A judge issued 12 blood search warrants for those who did not agree to provide blood samples.

The highest blood alcohol content reading recorded was .16.

According to Police Chief Art Acevedo, deaths due to drunken driving crashes have gone down in Austin since last year.

In 2007, 50 percent of traffic fatalities were caused by drunken driving incidents. That number fell to 37 percent in 2008.

“No refusal” or “no tolerance” means that if a person refuses a breath test, officers can obtain a search warrant. Once the warrant is issued, blood withdrawals are mandatory.

As part of the effort, police officers and the DWI team roamed streets with a breath alcohol testing bus between 9 p.m. New Year’s Eve and 5 a.m. on New Year’s Day.

A room was set aside at the Travis County Jail for blood withdrawals by a phlebotomist.

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In addition to these arrests, APD reported nine arrests on Sixth Street in Downtown Austin.

Seven people were arrested for public intoxication, one for disorderly conduct (fighting) and one for aggravated assault.

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DUI crackdown curbs offenses

OCONEE COUNTY — Thursday’s countywide booking report indicates the highly visible and widely publicized crackdown on drunk driving during the New Year holiday was successful.

Check points and law enforcement saturation of specific high-risk areas by Seneca, Walhalla and Westminster police departments, along with South Carolina Highway Patrol checkpoints and patrols led to only four DUI (driving under the influence) arrests on New Year’s Eve across the county.

Austin Knecht of West Union was arrested for first offense DUI, as was Karen Bryant of Westminster, who also faces hit and run and property damage charges. Travis Romero of Seneca also received a DUI charge, and Brent Dawud was charged for his second offense.

Those arrested for DUI will face more rigid penalties after the implementation of a new set of drunk driving laws

passed last year. Those pulled over are categorized into tiers; a blood-alcohol content of .08 percent, but less than .10 percent; a concentration that is at least .10 percent, but less than .16 percent; and a level of .16 percent or more. All the categories have ascending degrees of punishment up to a fourth and subsequent offense.

Under South Carolina law, all drivers with a blood-alcohol content (BAC) of .08 are legally intoxicated, as well as those under the age of 21 with a BAC of .02 and commercial drivers with a BAC of .04.

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Hospitals, jail officials don't want to collect suspects' blood

Leaders of the city's two major hospital networks and Travis County Jail officials have told Austin police that they no longer wish to collect blood evidence of suspects in criminal investigations.

Officials for the county's central jail booking facility, where such samples have traditionally been taken, informed police last year that they no longer wanted nurses involved in the practice. Jail nurses stopped taking the samples, which are mostly used in drunken driving cases, on Jan. 1.

Hospital representatives have since asked Austin police not to bring suspects to emergency rooms for blood draws, a procedure that has grown in popularity among law enforcement agencies and prompted controversy locally.

Jail and hospital officials cite a variety of reasons for their decisions.

A Seton Family of Hospitals official said workers are worried about lawsuits, among other concerns. However, an expert in such blood draws for drunken driving cases said state laws are clear that nurses and hospitals are protected from such suits.

Dr. Steve Berkowitz, chief medical director for St. David's HealthCare, said, "We don't really feel that the emergency room is really the most appropriate place to be doing those types of procedures, because they really aren't being seen for a medical reason."Berkowitz said hospital officials still support police efforts to curb drunken driving.

Staff with the Travis County Sheriff's Office, which runs the jail, have decided that nurses should spend their time tending to inmates, not collecting evidence.

Police say they must now find a new way to get samples in cases in which they think the evidence is necessary.

"We have a moral and legal obligation to obtain evidence of a crime, and our ability to do so is being hampered by the decisions of entities we have no control over," Police Chief Art Acevedo said. "It presents a tremendous challenge for us."

The decisions come as the use of blood tests in drunken driving cases has grown among Austin police officers and others across the state.

During the New Year's Eve and Halloween holidays, Austin police conducted so-called "no refusal" operations in which they obtained the blood of drunken driving suspects who refused to give a breath test.

The department hired a phlebotomist for those operations, but has still sought blood samples for suspects when the "no refusal" efforts were not in place. Police estimate they have averaged about 30 such blood draws per month in recent months.

The effort to obtain blood evidence, which courts have upheld as a practice, has created controversy, with civil libertarians saying that blood draws are an unnecessary invasion. They say that officers should be able to build cases without such procedures.

Among other major Texas cities that also have begun collecting such samples, most, including San Antonio and Houston, continue having jail nurses draw suspects' blood, said Clay Abbott, a DWI resource prosecutor for the Texas District and County Attorneys Association.

Fort Worth police take suspects to a local hospital for the procedure, he said. Local paramedics collect blood samples in some small towns.

State laws allow police to use search warrants to obtain suspects' blood, which Abbott said gives nurses and hospitals lawsuit protection because they are acting under court order.

The law also permits police to draw the blood of suspects in drunken driving crashes involving serious injury or death without a search warrant. Abbott said nurses and medical facilities still have legal protection in those instances, as long as they are acting in the scope of their normal duties.

According to the law, "The person who takes the blood specimen under this chapter, or the hospital where the blood specimen is taken, is not liable for damages arising from the request or order of the peace officer to take the blood specimen."

Abbott and Jim Harrington, director of the Texas Civil Rights Project, said they are both unaware of any lawsuits in Texas against medical officials who have drawn blood of drunken driving suspects.

Greg Hartman, senior vice president for Seton, said hospital officials want more time to understand legal issues and other matters before collecting such samples.

For instance, he said emergency room nurses do not perform medical procedures without a doctor's order. When drawing blood for a criminal case, doctors seldom evaluate suspects, creating concerns among the nurses, he said.

Hartman said hospital officials also want to further discuss with police who will pay the salaries of nurses if they are called to testify in court for such cases. He said he is not aware of any nurses that have been summoned to court so far for such cases.

And Hartman said the legality of nurses collecting blood evidence hasn't been tested in court and that officials are concerned about suits against employees or hospitals.

"This is a very complicated issue," Hartman said. "We aren't making decisions as to whether (law enforcement) should be doing this."

Travis County sheriff's office Maj. Mark Sawa, whose agency was the first to prohibit nurses from drawing suspects' blood for evidence, said officials decided that they also did not want jail nurses called to testify in court cases and missing work.

He said that providing inmate care is their "essential function" and that the department is seeking a national certification in which jail nurses are not involved in evidence gathering.

Acevedo said police officials are now trying to find other options for collecting blood, including possible contracts with private clinics. He said it also is possible that the department might train a team of officers to collect blood.

Acevedo said he has no estimates on the cost of a possible contract or training of officers.

In the meantime, he said, officials will try to work out a temporary plan with either the jail or a hospital.

"We are going to do what we need to do to secure the evidence we need while minimizing the cost to taxpayers," he said.]

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How to Deal with DWI Austin Arrest?

If you are facing DWI Austin arrest or similar charges in other county or state, what you need to understand and realize is that you have got yourself into a very serious problem. DWI Austin arrest in a long wound legal procedure which costs time, money, energy, loss of face and sometimes job. It has life lasting effects.

The DWI arrest invariably leaves the DWI Austin victim with a sour feeling that this was one drink that he could have so easily done without! How true but too late... now that you're facing DWI charges, you rather deal with it. One thing about DWI Austin Arrest is that you cannot undo it. No matter what you do, if you are arrested by Law Enforcement Team or Patrolling Police under DWI Austin you have to face the consequences.

DWI Austin Laws - An overview: As far as DWI Austin Laws are concerned they are very strict and getting stricter by the day. Impaired driving has cost Austin many innocent lives. Vigorous patrolling during the peak hours is a norm. There are checkpoints now where the patrolling team stops all vehicles to check the status of driver's mental and physical faculties. There is another side to this. If you think you are drunk beyond the permissible BAC limits, there is a facility of hiring a driver who will drive you home in your own car. You are free to choose this option if you need the car to drive to office the next day.

How does DWI Austin arrest happen? DWI Austin or Driving While Intoxicated in Austin is not an easy job for the patrolling police also. They are given a set of guidelines which they have to adhere to. They are trained professionals doing their job. So if they stop you on DWI suspicion, it means they have enough proof for doing so. Either someone called them (not an anonymous caller) or you have been under observation for at least half an hour and that they have been observing your behavior and mannerisms.

On what grounds can you be arrested under DWI Austin Charges? If after various roadside tests or tests done at the police station your Blood Alcohol Content Level is found above 0.08 you will be arrested. this is the point where things begin to get real complicated. And if you refuse to take these tests your driving license is suspended immediately. Either way trouble brews.

On what grounds can you challenge your DWI Austin Arrest? The police that arrested you under DWI Austin charges can be challenged on many grounds by a competent DWI Austin attorney. so make sure you hire the right people. e.g. The police cannot follow you home secretly without informing you. If they've done it, you can tell this to your attorney
and he will deal with it. Likewise these tests are not scientific and accurate - and the DWI Austin attorney is aware of all aspects of it to question the court during hearing.

Did the police making arrest inform you about your rights as a citizen?
Were the tests done in accordance with the Standardized NHTSA guidelines?
Were the conditions proper?
Were your physical disability (if any), age, psychological conditions, weight given due attention while DWI tests were performed on you?

Hiring a competitive DWI Austin attorney: Don't try to be your own attorney if you are not qualified. Let a professional do his job. A DWI Attorney Specialist firm will ideally comprise Attorneys, Paralegals, investigator, outside forensic toxicologist, an outside evaluation group. The investigator is ideally a retired officer who has past experience of handling DWI cases at various levels.

DWI Austin Arrest cost: At least 6 months of worries and approximately $8500 expense. This includes attorney's fee, additional insurance, surcharges, Applying for temporary license etc. Hiring an attorney, appearing in court, not being able to drive, a bad police record, etc are things that you cannot convert in money and the stress and inconvenience it can cause immeasurable trauma.

DWI Austin charges are something you can do without. If you are drunk don't take a risk of driving home or wherever. You rather hire a driver or a cab NOW than hire an attorney LATER!

Purva Mewar manages this Austin DWI website trying to build a platform that can be used to share news, information and DWI Austin cases.

Article Source: http://EzineArticles.com/?expert=Purva_Mewar

DWI blood test use increasing in Texas

The “no refusal program,” in which search warrants are immediately issued to draw blood from DWI suspects who refuse a breathalyzer test, is gaining popularity around the state.

Bell County initiated the program last night and will continue today.

In some jurisdictions of Tarrant County, blood is routinely drawn for testing from those refusing a breath test.

Over the past 16 months, Harris County has issued about 300 such warrants during most major “drinking” holidays.

When the city of Austin announced it would institute the “no refusal” program this past Halloween, the American Civil Liberties Union of Texas issued a press release in opposition.

“I know Travis County is doing it (running the ‘no refusal’ program) this weekend,” Dotty Griffith, public education director of the ACLU of Texas, said. “I didn’t know that Bell County was doing it, but it doesn’t surprise me. We urge officers to use judgment and not pull people over indiscriminately. There needs to be true probable cause.”

Ms. Griffith was critical about the mechanics of the program, pointing to the probable cause warrant in such cases as a rubber stamp process.

Rather than challenge the constitutionality of such a program, the union complained that such a program takes police off the streets and undermines public safety.

“In our case it’s not pulling people off the streets because we’re adding additional patrols,” said Bell County Sheriff Dan Smith. “This will be a special DWI taskforce.”

Smith said the timeframe for getting a warrant would be greatly reduced with a judge available and prosecutors in place, prepared to respond exclusively to DWI cases.

Bell County District Attorney Henry Garza compared the blood-draw warrants to cases where blood or DNA samples are needed. If a suspect does not consent, a warrant is issued for the samples based on probable cause.

“A number of counties have engaged in this,” Garza said. “We’re simply using the available legal authority.”

Suspects who refuse a breath test prevent prosecutors from obtaining scientific evidence that could help strengthen a case for the state. In Texas, about 50 percent of people pulled over for suspicion of DWI refuse a breath test, according to the Harris County District Attorney’s Office.

The rate of people declining breath tests on “no refusal” nights in Harris County has been as low as 35 percent. When combined with mobile testing units, the refusal rate dropped as low as 20 percent.

Blood evidence takes the guesswork out of decisions to prosecute. Only 2 percent of the suspects tested out of Harris County were under the legal limit of 0.08 and had no other intoxication substance in the blood.

Another complaint by the ACLU is that forcing uncooperative people to have their blood drawn creates a general public distrust for police.

The ACLU believes the Texas law that allows 180-day suspension of driver’s licenses for persons who refuse a breathalyzer is an appropriate deterrent. Other civil penalties for refusing to consent to a court-ordered blood test could also be used, according to a prepared ACLU statement.

The “no refusal” program is not seen by the police community as a tool to build trust.

It is more of a deterrent and warning aimed at reducing the number of fatalities on roadways and the intoxicated drivers who may cause them, Garza said.

It is a way to make the roads safer for those who drive without drinking, Garza said.

The number of people compelled to give blood by the county’s participation in a “no refusal” program Wednesday night was expected to be minimal, maybe five people, according to a county official.

The official tally should be available today.

Note: Hours after Bell County officials held a press conference Tuesday to notify the public of its intent to use the “no refusal” program for the first time, former NBA great Charles Barkley was pulled over in Arizona for suspicion of driving under the influence of alcohol. He refused a breath test and was given a blood test. Test results are not yet available.

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‘No refusal’ New Year’s shows change

The time to celebrate New Year's has passed on Sixth Street in Downtown Austin, but some bars are still pouring plenty.

"We had an increase on this same day last year and New Year’s Eve last year so we're real happy with that," bar owner John Erwin said.

For some bar owners there seems to be no decrease in drinking this New Year's...but what about driving after drinking.

"We hope it’s a deterrence for people, to keep the streets safer here," Veneza Aguinaga of the Austin Police Department said.

Known to be a night for excessive drinking, Halloween was the first trial run of the “no refusal” initiative. If suspected drunk drivers refuse to have their breath tested, instead their blood will be tested.

On Halloween, 54 DWI arrests were made. Twenty-six of those arrested refused a breath test. New Years Eve saw 24 arrests and 12 refusals. Essentially, the numbers have been cut in half.

"I think the awareness is the main deterrent, the threat that it could happen to me," Erwin said.

But, not all those who are aware are in favor, even if it is deterring folks from getting behind the wheel when they shouldn't.

"I think it’s a violation of anybody's rights just to have someone come and prod you with a needle," bar customer Bill Fischbach said.

	Some believe “no refusal” is a violation of rights.

On New Year’s Eve, Sixth Street saw only nine arrests, and seven were for public intoxication.

Bartenders said most groups of heavy drinkers had a “get home safe” plan.

"Just having one or two drinks or saying, ‘No, I'm the designated driver, I'll just have a soda,’" bartender Heidi Caldwell said.

Designated drivers instead of drunk ones: police said -- controversial or not -- that's the goal of “no refusals.”

Austin police said for now, the plan is to continue using the “no refusal” initiative around holidays known for heavy drinking.

Statistics show that half of those arrested for DWI refuse to take a breathalyzer test.

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Austin Texas DWI Attorney

AN Austin Texas dwi attorney focuses on the defense of state and federal criminals accused of dui. Their practice extends to the federal courts in Texas and also the state courts of Austin. Various different issues are handled by these attorneys such as Federal Offenses which are white collar offenses, Narcotics and drugs which are dangerous, and various other Federal and State offenses. Listed under these offenses are several issues such as bank fraud, health care fraud, Federal Tax offenses, embezzlement and insurance fraud, and computer related crimes. Other serious offenses are murder, sexual offenses, assault and drug related crimes.

An Austin Texas DWI attorney also looks into cases regarding drunken driving or for driving under the influence of a substance which is intoxicating. The attorney assists their client in preventing their license from being revoked or suspended, and represents their client at the hearing. The attorney could also call for an acquittal of the case or a dismissal.

For those who have a criminal case pending and need an attorney to represent them or would like some clarification on some criminal matter, they could contact any of the Austin Texas dwi attorneys by making an appointment with them.

In the category of Federal Drug cases, possession or distribution of a large amount of drugs that are unlawful and manufacturing or importing them could implicate the person in a criminal offense. Among the white collar crimes fraudulent business deals are the main cause of persons getting accused of criminal offenses. Such cases are handled by Austin Texas attorneys and if the defendant is found to be guilty can be punished by the United States government under their guidelines.

For drunken driving in Texas, a person who is committing this crime for the first time could be punished for a period of six months along with a fine. As the number of times this offense is repeated both the prison sentence and the amount payable as a fine will keep increasing. Their driving license could also be suspended if the defendant refuses to undergo an alcohol test after being found guilty of a DWI felony. For assistance in all such cases the defendant would require the services of an Austin Texas DWi attorney to help get them out of the situation at least with a minimum amount of punishment.

For more free information on finding an Austin Texas DWI Attorney visit my site Texas-DWI-Attorney.net.

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DWI Affects Your Insurance

Being convicted of an Austin DWI can lead to a multitude of other problems that will eventually arise in the future for you and your overall driving life. When you are first arrested for a DWI, you are going to need an Austin jail release lawyer to help you with your case. There are many things that will be involved in your punishment once you are officially convicted of a DWI in Austin. The austin jail release lawyer can help you with all the first details of the case.The first part of your conviction will be your fine that will be issued. The court will give you anywhere from $500 to $4000 depending on your prior criminal history and what the judge thinks is an appropriate punishment. The next part, jail time, may or may not be part of your punishment. Depending on if you are a repeat offender or if this is your first DWI conviction will help the court make a decision as to whether you deserve to serve a certain amount of jail time or not. The court may also decide to assign you some sort of community service hours depending on what they think is appropriate.

After your entire sentence has been taken care of is when the real effects will happen. One thing to keep in mind is that a DWI is a misdemeanor and will be kept on your record for quite a long time. The first thing that you should worry about is getting your license off suspension. When you are arrested for a DWI they will automatically suspend your license for up to 180 days. This means that after that time period you will need to go back to your DMV and get your license reinstated. There are certain requirements that you will need to follow to get your license back. Your insurance is the next and most important thing that you need to worry about. Insurance companies don't like to have drivers who have been convicted of a DWI on one of their policies. The companies usually consider you a high risk driver and there are many consequences that go along with this. If your insurance company doesn't find out that you have been convicted for a DWI then you will have gotten off lucky but be aware that there is always a chance that they will find out.

When the companies find out that you have a DWI conviction, there are two options that they can take to manage the situation. The first option is that they will completely drop you from their policy. If this happens, keep in mind, they are required to tell the DMV that they did this and your license may be in jeopardy again. The second option that they can take is to drastically raise your premiums. Because you are considered a high risk driver, they are required to have a higher premium to take care of any added damage you may have. In this case, the company is also required to inform the DMV of any changes that may occur in your insurance within the next 3 to 5 years.

For more information, contact the Austin Jail Release Lawyers of Morales and Navarrete at http://www.austinjailreleaselawyer.com

Joseph Devine

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