‘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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