Dust off your jerseys and break out the pigskins, football season is back! But before you pack up the cooler and head to the game, make a plan to get home safely. Whether enlisting a designated driver or calling a cab, planning for a sober driver will keep you out of jail and help make the roads a little safer this fall.
Texas law requires a blood or Breathalyzer test if arrested for drinking while intoxicated (DWI). Once arrested, refusing a blood alcohol content (BAC) test can be used against you in court, and your license can be suspended for a minimum of 180 days. If suspected of a DWI violation and you refuse to provide a breath or blood sample, the officer will take you to a separate location and wait for a warrant obtain a blood sample. This process can take hours, and the eventual sample taken from the DWI suspect may not accurately reflect the suspects BAC at the time he was operating a vehicle.
Despite a potential 6-month license suspension, many still refuse to take Breathalyzer. In response, Texas implements “no refusal” weekends. During a no-refusal weekend, if suspected of driving under the influence, you must take a Breathalyzer or blood test.
Texas uses no refusal weekends to cut down on drunk or buzzed drinking during heavy travel or drinking holidays such as the 4th of July and New Year’s Eve. In March 2013, the Texas Department of Public Safety increased the number of troopers patrolling Texas roads and highways located near popular spring break destinations. The DPS made 1,077 DWI arrests, 226 of those were a direct result of the increase in officers on the roads.
Cops are especially on the lookout for intoxicated drivers during the fall football seasonl however, there may not be an increased patrols in all areas. Instead, Texas will use “no refusal” weekends this fall to allow for more efficient arrests of DWI suspects.
But what does this all mean? Even if a DWI suspect’s BAC level is below .08, the results of the test are still admissible at a civil trial. The NHTSA has reported that driving can be impaired by BACs as low as 0.02%. Any alcohol in your system, even when below the legal limit, can be used as evidence. The hope is that during no refusal weekends, drunk or buzzed drivers will be less likely to risk an arrest and will stay off the road minimizing the risk of car accidents.
