It’s another No-Refusal weekend across the Metroplex. That means cops are going to seek blood warrant, and hold you down and take your blood vampire style. Murica!
First, let’s remember how we got here. The legislator passed laws limiting the ability of officer’s to hold you down and steal your blood.That wasn’t good enough for our convict-at-all-costs prosecutors, who got activist judges to effecitvely destroy the protections that were in place.
So now officers will fax their fill-in-the-blank warrants to friendly Judge Rubberstamp to take your blood, because the system needs arrests so we can justify more government employees and higher budgets fora agencies.
So how should you handle a no-refusal weekend?
Rule No. 1.- First, don’t drink and drive. See what I did there? Not expecting that, but it’s true. Our criminal justice system is void of accountability if you are wrongfully arrested for DWI. So there is no risk to just round up and arrest as many people as possible and that’s what we do.
I know it’s hard to get a ride anywhere. Texas has chosen to use zoning laws and a lack of public transportation to maximize the need to drink and drive. So it’s not easy to drink without driving, but you should make some efforts. Take a cab, get that non-drinking friend you have to drive, take a bus, DART, limo, stretch Hummer, whatever. It’s way cheaper than bail and a DWI lawyer.
Rule No. 2- No Refusal Means You Totally Refuse
If you are pulled over all you have to do if provide your ID and insurance, after that, quit talking and refuse everything. DWI protip- Even during a “no refusal” weekend you can still refuse! Don’t answer any questions about drinking, which bar you are coming from, where you are going, what you had to eat, your medical history… anything! And don’t perform any field tests. You have the absolute right to refuse every field sobriety test, and you should, they are junk science and not reliable.
Avoid these signs that cops look for-
1. Bloodshot eyes. Get that Visine ready.
2. Odor of booze. Brush your teeth, eat some garlic cheese fries, smell nice.
3. Difficulty getting your license out. Have that shit ready, don’t sit on your wallet.
The officer will ask to “Check your eyes to see if you are ok to drive”. Don’t do it. Just say no. The officer will ask to perform some ridiculous balancing tests on the side of the road. Don’t do those either. The officer will ask you where you are coming from and how much you have had to drink. Guess what? At that point they are going to arrest you anyway. So don’t answer.
No matter what you say about how much you have to drink, cops will think you are lying. You say you had two beers? Guess what? Two beers is what everyone says, so cops think you had 10 beers. Nice try. What if you really had two beers? Well, you are screwed because LEO isn’t going to believe you.
Now on the back end of this they are going to ask a judge for a warrant for you blood, and they might get it and steal your blood. So be it. I’ll take a refusal blood case anyday. Blood tests can be challenged. This is the government we are talking about and the can screw up simple things, something as complicated as blood draws is difficult for bureaucrats and they make mistakes.
A lot of DWI lawyers are intimidated by blood cases and for good reason. You have to learn science to fight these cases, and most lawyers hate science. That’s why we became lawyers in the first place and not doctors. So get someone who has experience challenging blood draws, and not pleading blood draws. At this point I’d like to give a nod to Deandra Grant, who has taught me a lot about blood cases. She’s probably the best blood lawyer in the Metroplex.
Rule No. 3- Be Nice While You Refuse
Refuse politely. Trust me on this. If the officer is an honest and nice guy he doesn’t need your bullshit. If he is not an honest and nice guy he might taze you and charge you with resisting. Besides, yelling at cops makes you look drunk. So politely refuse with statements like
“I am not going to answer any questions without an attorney present.”
“I want to exercise my right to remain silent.”
“I am not going to participate in your tests. Can I speak with an attorney/”
And don’t forget the standard line-
“Am I being detained or am I free to go”.
Happy Labor Day!