40 people were arrested for drunk driving in Austin, Texas on the first week of what is referred to as a No Refusal Weekend. A No Refusal Weekend is when the State has a judge on call to issue a search warrant for a blood test in the event that a motorist refuses to submit to a breathalyzer test. In order for a judge to issue a search warrant for a house or residence, a judge most have probable cause to issue the warrant under the Fourth Amendment to the United States Constitution. By establishing a blanket policy of No refusal weekend and having an on call judge, the Texas policy is eroding the rights of its citizens and turning the warrant requirement into a mere formality, as the mere smell of alcohol and red eyes late at night should not be enough to justify such an evasive procedure.
As a Massachusetts DUI attorney, I believe the No Refusal Weekend DWI policy is a serious deprivation of the protections of the 4th Amendment to the Constitution.
