“No Refusal” Weekends, McKinney Defense Attorney

Posted on | January 16, 2012 | No Comments

A No Refusal Weekend is essentially when the police have a judge on call to issue search warrants for blood tests when a driver suspected of drunk driving refuses a breathalyzer test. However, in order to issue a search warrant, he or she must have probable cause under the Fourth Amendment of the U.S. Constitution.

Unfortunately, many citizens believe that no – refusal weekends require them to submit to tests which by law they have the right to refuse. The only difference between a no – refusal weekend and any other weekend is that the police have an internal policy of getting search warrants to take the blood tests of anyone refusing to take a breathalyzer test.

While Texas is said to lead the nation in drunk driving deaths, criminal defense attorneys believe that no-refusal weekends may extend DWI cases as opposed to inducing expedited plea bargains and increased convictions. Because of the one-size-fits-all approach of no – refusal weekend warrants, criminal attorneys representing DWI cases are more likely to challenge the search warrants with motions to suppress breath and blood draws because of the involuntary submission to the tests. Further, the ACLU has raised questions not only about the validity of such blanket search warrants but also about medical privacy issues.

While reducing fatalities resulting from drunk driving is a desirable goal, violating the Constitutional rights of our citizens is not the proper approach to take. It is important for law enforcement to protect society from public dangers; however in our constitutional republic we must respect the rights of the individual as well.

We defend your right to refuse

A DWI conviction can have serious consequences and if you were arrested based on a denial of your right to refuse you should talk to an experienced McKinney defense attorney immediately. If you have been charged with DWI because you refused testing, contact us today online or call (972) 562-0266 to schedule a consultation.

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Category: McKinney Texas Law Firm, criminal defense, dwi
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