Halloween is one of the holidays that generate significant concern when it comes to drunk driving, and many law enforcement agencies increase patrols and take additional enforcement efforts to help increase roadway safety. For instance, police in Austin implemented a so-called no refusal weekend over the holiday.
The enforcement effort ran from Friday night through Sunday evening. During that time, drivers pulled over on suspicion of driving while intoxicated were not able to refuse an alcohol test. Ordinarily, motorists do have the right to refuse such a test, even if they have to face penalties for doing so. During a no-refusal campaign, police will obtain a search warrant for a blood sample.
No-refusal policies are used in a number of states other than Texas as a way to help gather evidence against suspected drunk drivers. While it is legal for police departments to engage in these enforcement efforts, that doesn’t mean that law enforcement always conducts these campaigns legally.
Those who have been targeted by police officers for drunk driving, whether during a no-refusal effort or not, should always work with an experienced criminal defense attorney to have their case thoroughly evaluated. In cases where officers may have done something illegal, it is important for a criminal defendant to build a strategy for protecting their rights in court. In some cases, this could mean requesting that illegally obtained evidence be thrown out. When this happens, a criminal case can become more difficult for prosecutors to pursue. Whatever the circumstances, though, an experienced defense attorney can help ensure that a defendant’s rights are protected.