There is a new Texas ruling regarding drinking and driving as explained to me today by Judge Jay Karahan who presides over Harris County Criminal Court #8. As of 2 weeks ago, Texas now has a “No Refusal” policy regarding alcohol testing that is in effect 24/7, 365 days a year. That means that if you are pulled over and charged with a DWI, and you refuse the breathalyzer, you will be given a mandatory blood test, at the police station or a medical facility. The Supreme Court says this is OK since alcohol in your system is considered evidence of a crime. You no longer can refuse a breathalyzer and have a hearing to argue the case since there was a “lack of concrete medical evidence”. If you are suspected of drinking and driving, and refuse a breathalyzer, the new policy ensures you will be tested, via blood, through a search warrant by the arresting officer, a judge or magistrate.
As a drug and alcohol counselor, who teaches DWI Offender Education Classes, I’ll continue to say, that you will have an even better time by eliminating the worry and stress from any legal problems by getting a designated driver or a taxi. This extra attention done ahead of time, can prevent the tremendous emotional and financial stress of getting a DWI. As always, let’s have a good time, but not drink and drive.
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