Harris County Goose-Stepping to the Beat of a MADD Drum
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
Law enforcement authorities in Texas, and at least six other states, this past New Year weekend engaged in an aggressive anti-DWI campaign. It’s called “no refusal” weekends. In most states, including Harris County, Texas, a judge is on standby at these coordinated DWI traffic stops prepared to sign a warrant permitting the police to take a blood sample if a suspected DWI driver refuses to take the standard breathalyzer. Texas’ “no refusal” programs take it a step further: law enforcement officers can forcibly take a blood sample when a suspected DWI driver refuses to give what is called a voluntary “blood draw.”
Anti-DWI activists strenuously argue these kinds of invasive programs help reduce DWI-related traffic deaths. The National Highway Traffic Safety Administration (NHTSA) reports that 10,839 people died in DWI-related traffic accidents in 2009, and that 22.4 percent of motorists suspected of driving under the influence refused to take the breathalyzer test when asked to do so by law enforcement. ABC News reported NHTSA as saying the “no refusal” traffic stops have resulted in “more guilty pleas and fewer trials.” While that is doubtful, “no refusal” programs are becoming very popular.
The Harris County District Attorney’s Office has announced that it will extend the “no refusal” program to every weekend for the next three years, thanks to a grant awarded to the DA’s office by the Texas Department of Transportation. The “no refusal” weekends will be in effect from 10:00 p.m. to 6:00 a.m. both Fridays and Saturdays.
The San Antonio Police Department, and other Bexar County law enforcement, have become so enamored by the “no refusal” weekend programs that they plan to implement them every weekend through this year. The Bexar County “no refusal” program is being spearheaded by District Attorney Susan Reed and has been warmly embraced by the local chapter of Mothers Against Drunk Driving (MADD).
Daniel Garza, a MADD representative, could barely contain his enthusiasm about the coming year: “We’re pretty excited about that. It was a great pleasure to hear that this morning law enforcement is going to get another good tool to be able to combat drunk driving here in San Antonio. When they’re announced and everyone knows that they’re coming, they serve as a deterrent.”
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