It seems these days that you can’t drive down the road without seeing a TXDOT sign with a message like “No Refusal in Effect” or turning on the news and hearing about a “No Refusal Operation” by law enforcement.
“Refuse to Get Caught By ‘No Refusal'”
It actually is a double entendre. The first way of looking at it explains exactly what “No Refusal” is: Refuse . . . to Get Caught by “No Refusal.” If you are arrested for suspicion of driving while intoxicated or under the influence and you refuse to take a breath test or submit to a blood test (the officer gets to choose), the officer can apply for a search warrant that authorizes him to order a nurse to draw your blood against your will, hence, “No Refusal.” In other words, refuse the test and you’re going to get caught and become a victim of “No Refusal.” Seems pretty invasive, right?
That’s where the second way of looking at it becomes more relevant and more important. “Refuse to Get Caught . . . by ‘No Refusal.'” You have rights; make sure they’re protected. While the courts have upheld the use of search warrants to draw a person’s blood, you still have valuable Constitutional rights that a lawyer like Brent Mayr can work to protect. From the reasonable suspicion for the officer to stop you in the first place, to the probable cause to arrest, to the sufficiency of the search warrant application, to the validity of the warrant itself, there are a number of ways that a person can still avoid getting caught and wrongly convicted of DWI. And even if they get your blood, there are still a number of things that have to occur for the result to be admissible in court.
The best advice is to be safe and be smart. Take a cab or use a designated driver. If you decide to drive, however, remember that your have rights and Board Certified Criminal Lawyer Brent Mayr can use his knowledge and experience to make sure they’re protected. Brent Mayr is available 24/7 by calling 713-808-9613.