No Refusal Weekends – DWI Accidents
The Austin Police Department recently a conducted a “No Refusal Weekend” for Memorial Day. This is where if a police officer believes someone is intoxicated, the cop will not let the person “refuse” a blood test but, rather, will get a warrant from a Judge to draw the person’s blood. Many people think this is not constitutional but it actually is – in 1966, the Supreme Court held in Schmerber v. California that police could extract blood from a suspected drunk driver without the driver’s permission (as long as a Judge approved it).
The Loewy Law Firm is a strong advocates for civil liberties but believes these blood draws should be done. We have represented scores of clients involved in DWI accidents and have seen the effects of drunk driving up close. DWI accidents are awful and leave victims seriously injured and/or killed. We believe there should be a ZERO tolerance for drunk driving. People should watch how much they drink and if they drink too much, they should call a taxi. Drunk Driving is simply unacceptable and if a No Refusal Weekend helps decrease it, then that is good for community safety.