In order to enhance safety on the roadways in College Station, the College Station Police Department will conduct a “DWI- No Refusal” weekend on April 9th and 10th, 2010. The effort will be conducted with cooperation and assistance from the Brazos County Attorney’s Office, local Magistrates and the College Station Medical Center.

The College Station Police Department will utilize six officers to focus on DWI violations. If a DWI arrest is made, the suspect will be requested to give a sample of their breath or blood in order to determine the alcohol concentration or presence of a controlled substance or drug in their body. This procedure is currently accomplished in DWI arrests. The difference for this weekend is that, if the suspect refuses to provide a sample of breath or blood, a warrant may be sought for a blood sample from the suspect. If the Magistrate issues a warrant, a blood sample will be taken from the suspect to provide evidence in the DWI case. This procedure is not new and has been utilized in the past to secure evidence. On April 9th and 10th the resources necessary to obtain the warrant and subsequent blood draw will be on hand for the Officers making DWI arrests.

This effort is intended to discourage anyone from drinking and driving but is also intended to help prove DWI cases against those who choose to drive while intoxicated. It is the intent of all involved in this effort to prevent any injury or death from occurring to the people in our community.


I know that Bryan PD is participating in this also. I'm sure that there are other local agencies doing this that I don't know about.

Please be careful - don't drink and drive.

Chilifest coincidence?

Enjoy ChiliFest, just don't drink and drive

in b4 "No person shall...be compelled in any criminal case to be a witness against himself..."

Don't think it is just a coincidence especially since we did it on Chilifest weekend last year.

It's like fish in a barrel this weekend for the cops....be safe...........

1) I still call this unconstitutional, though well intentioned.

2) I'm not driving anywhere and if you stop me walking home I may ask you to drive me home since your job is to protect and serve.


have a good weekend, I hope people are safe and either don't drive if too intoxicated or have someone else to get them home.

[This message has been edited by TexAgs staff (edited 4/10/2010 7:45a).]

Crack down on those drunk hooligans

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have a good weekend, I hope people are safe and either don't drive if intoxicated or have someone else to get them home.

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Fixed that for ya.

you missed one. At 9:30 tonight I was behind some guy in Pebble Creek driving 20mph who could barely keep his car on the road.

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This procedure is not new and has been utilized in the past to secure evidence. On April 9th and 10th the resources necessary to obtain the warrant and subsequent blood draw will be on hand for the Officers making DWI arrests.

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Out of curiosity, why is this not standard procedure? Is there a law in Texas that prevents this? After discussing the Northgate parking garage incident with a LEO friend of mine, I know the state of Nevada does.

From what I understand you would have to have a judge up all night to issue the warrants for the test. I believe a warrant can't be issued until the suspect has been taken into custody. You would basically have to have a judge on duty to write warrants 24 hours a day to make this possible day in and day out.

It seems to me that would be the thing to do. Drinking and driving is a serious problem and beyond that, I think they could find plenty to do between DWI's. They could see prisoners and make the in/out/pay fine and/or moved downtown process a little more efficient. Judge Stone [Night Court] wasn't too good to stay up and handle the night court duties!

[This message has been edited by Kattx07 (edited 4/10/2010 10:09a).]

How is this legal? We are going to suck your blood no matter what you say. They would have to put me in restraints before they steal my blood.

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They would have to put me in restraints before they steal my blood.

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I'm sure that's how it works!!

Hooray for gestapo tactics!

Lets make the streets safer by making people more paranoid. This is a stupid idea. Way to circumvent our Constitutional rights though! You should be proud. Government is out of control...

Its just another example of CS cracking down on the kids who allow CS to exists,

Instead of no refusal weekend why dont they call it your rights dont matter this weekend? What happened to that whole 5th Amendment thing?

Those who would sacrifice freedom for security deserve neither.

I bet the people praising this initiative are the same people who complain about federal government intrusion into their lives, but since no one likes drunk drivers they dont mind if they are striped of their rights. If they even suspect you have had 1 beer they can arrest you, put you in jail, get a court order that requires you to give up your own blood. People understand nothing of freedom anymore.



[This message has been edited by baggio (edited 4/10/2010 12:14p).]

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From what I understand you would have to have a judge up all night to issue the warrants for the test.

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I think it requires someone from the DA's office as well...maybe to prepare or review the warrant before it goes to the Judge for signature?

So if I have had nothing to drink, get pulled over for suspicion of DWI, refuse to blow (because they can give false positives) or give blood, they can use a warrant to take my blood from me unwillingly?

The city is gonna mess around one time and try this on the wrong person and find themselves in one hell of a lawsuit. Might even be me.

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So if I have had nothing to drink, get pulled over for suspicion of DWI...

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Why would the officer suspect you of DWI if you'd had nothing to drink?

Maybe I veered into another lane for a second because I was tired. Maybe its really late at night. Maybe I don't have my headlights on.

I could think of a number of situations an officer could suspect someone of drinking and driving when they in fact were not.

I should be able to drive from point A to point B without having to worry about some jackA behind the wheel.

If you aren't drinking and driving, you have nothing to worry about. If you are driving with your headlights off, you should be pulled over. If you are driving while too tired to stay on the road, you should be pulled over. If you are in anyway risking the lives of others, you should be pulled over.

Driving is NOT a right it’s a privilege granted by the State. Natedog a DA would not have to be on hand unless it was a FELONY. The judge reviews the search warrant like TLIAC said. Baggio the 5th Amendment is: due process, double jeopardy, self-incrimination, and eminent domain. The search for your refused specimen is 4th Amendment Rights: Protection from unreasonable search and seizure.

This is not a circumnavigation of your constitutional rights. In the eyes of the law this is an evidentiary search warrant, the same type that would be used to search your house. You are not providing the evidence against yourself, the officer is legally taking it. If you don't like the idea, don't drive drunk.

Having an attitude of them having to put you in restraints to take your blood, probably won't get you very far...

Baggio: they have to have something called probable cause before they can scoop you up. Drinking ONE beer in Texas is not illegal if you are over the legal drinking age and are ot showing any signs of intoxication. It's not illegal for adults to drink alcohol before driving; it's illegal to have a loss of your normal mental and physical faculties because of the introduction of alcohol or have an alcohol concentration of 0.08 or more. Know the law before you complian about it...

Bobbo, I don't think they jump straight to demanding breath or blood as soon as you've been pulled over - if they did suspect DWI because of your driving, they're going to start by talking to you and observing you for signs of intoxication. If you'd actually had nothing to drink, those signs would not be present, which would alleviate the suspicion.

You wannabe constitutional lawyers make me laugh. Search warrants for blood in DWI has been around for about 7 years now. In any crime, if an officer has probable cause that a person or place has evidence, they can get a search warrant to look for and seize that evidence. The search warrant must be approved by a neutral magistrate (judge) In Brazos County, it must be a Judge of a Court of record (CCL or District Court) not just a JP. This varies from county to county. There is no legal requirement that a DA review the SW although some DA's require it as a matter of policy. If the officer presents probable cause that your blood contains evidence of DWI, they may issue a warrant for that blood. So, if you exhibit the common signs of intoxication (smell of alcoholic beverage, red glassy eyes, slurred speech, problems with balance, failed FST, ETC.) and you were operating a motor vehicle in a public place, they can get the warrant. It is VERY constitutional and has been held so by all of the Texas Courts and the US Supreme Court. As for the morons that wish to resist, the police will be more than happy to restrain you AND file additional Resisting search/Assault on a Public servant charges to the DWI.

Oh, and the legislature added a bunch of alcohol offenses to the law that require mandatory blood draw WITHOUT a warrant.

Have fun this weekend and go get'em guys!

Does this sort of thing creep anybody else out?

"No Refusal" just seems very "Communist Russia".

the 5th amendment is self incrimination. I know what I said. Is this not forced self incrimination?

Drinking one beer isnt illegal, no. But thats not the point. They can pull you over, and arrest you for no reason. Are you really okay with the government deciding if youre the owner of your own blood?

I dont drive drunk, Im just not as willing to sacrifice my God given rights as several of the people on here.

p.s. You dont have to be drunk for them to arrest you and force you to submit to their tests which can result in false positives. Being drunk has nothing to do with it.

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How is this legal?

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Because you gave your implied consent to be tested for sobriety when you signed your drivers' license application.

anybody remember the bullet in the kid's head that would have been key evidence to put him away?

http://www.realpolice.net/forums/archive/t-62454.html

The difference between these search warrants and others is that other search warrants are for any evidence that police find laying around...

If your blood is already spilled, they can sample that, but while your blood is in your body, the state has no authority to seize it... it is unreasonable search & seziure.

Once again.... Driving is neither a right nor a privledge. Driving is an ability.

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but while your blood is in your body, the state has no authority to seize it... it is unreasonable search & seziure.

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The Supreme Court disagrees.
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=384&invol=757

TexasRebel, how do search warrants for DNA for a Sexual Assault or murder fit into your legal analysis or are they unconstitutional too?

If your right, I know a lot of child molesters and killers that should be set free.

accident ≠ DWI stop

chances are he hit property that either belonged to the state, or belonged to another individual... therefore, there was a victim.

Ummmmmmmm ....... WRONG! Try again.