August 8, 2025
Texas is known for taking a tough stance on drunk driving, especially during holidays and high-traffic periods. One initiative that exemplifies this aggressive approach is the “No Refusal Weekend.” Despite the name, No Refusal Weekend does not mean drivers lose their constitutional rights.
However, it does mean law enforcement officers have specific resources in place to obtain search warrants quickly for blood or breath samples from suspected intoxicated drivers. If you are facing an arrest for drunk driving, you need an experienced DWI defense attorney on your side to fight the charges and present a powerful defense.
What Is a “No Refusal Weekend” in Texas?
A No Refusal Weekend is a law enforcement initiative aimed at deterring driving while intoxicated (DWI) and streamlining the process of securing chemical tests from suspected drunk drivers. It is not a new law, but rather an enhanced enforcement strategy built around existing legal procedures.
Under Texas law, drivers suspected of DWI are not legally required to submit to field sobriety, breath, or blood tests unless law enforcement obtains a warrant. However, during No Refusal Weekends, police departments:
- Have prosecutors on standby to review warrant applications;
- Have judges or magistrates on-call to quickly issue search warrants;
- Deploy mobile phlebotomy units or coordinate with nearby hospitals to perform blood draws on-site or at the station.
The purpose is to expedite the process of obtaining a warrant to conduct blood or breath testing when a suspect refuses voluntarily.
When Do No Refusal Weekends Occur?
No Refusal initiatives in Texas typically occur during major holidays, sporting events, or other high-traffic weekends when DWI rates historically increase. Common times include:
- New Year’s Eve / New Year’s Day
- Fourth of July
- Labor Day Weekend
- Memorial Day Weekend
- Thanksgiving Weekend
- Christmas Holidays
- Super Bowl Sunday
However, some jurisdictions like Harris County and Montgomery County may implement No Refusal policies on a year-round basis, especially on weekends.
How Does the Process Work?
Initial Stop
An officer must have reasonable suspicion to pull over a driver—such as weaving, speeding, running a red light, or another traffic violation. This requirement does not change during a No Refusal Weekend.
Investigation and Probable Cause
After the stop, the officer will assess signs of intoxication, including:
- Slurred speech
- Odor of alcohol
- Bloodshot eyes
- Open containers
- Unsteady movements
- Responses during questioning
They may ask the driver to perform field sobriety tests, although the driver has a right to refuse them. Based on the officer’s observations, if they develop probable cause, they may arrest the driver for DWI.
Request for Blood or Breath Test
Post-arrest, the officer typically requests a voluntary breath or blood sample. Under Texas Transportation Code § 724.011, drivers are considered to have given implied consent to submit to such tests. However, drivers still have the right to refuse—unless a warrant is obtained.
Refusal and Search Warrant
During a No Refusal Weekend, refusal does not end the inquiry. Officers are equipped to immediately:
- Contact a prosecutor who prepares an affidavit for a search warrant;
- Present the affidavit to an on-call judge for approval;
- Serve the search warrant and forcibly obtain a blood sample if necessary.
Blood Draw and Testing
Once the warrant is obtained, the blood draw is usually carried out at a hospital, local jail, or even in mobile blood-draw units. The sample is then tested for Blood Alcohol Content (BAC) or the presence of drugs.
Is Refusing a Breath or Blood Test Still Legal?
Yes. Texas law allows individuals to refuse DWI testing, but refusal has legal consequences, and during No Refusal Weekends, it becomes ineffective in preventing a test. Legal consequences of refusal include:
- Automatic license suspension under the Administrative License Revocation (ALR) process.
- The refusal may be used as evidence of guilt at trial.
- Refusing does not prevent testing if a warrant is issued.
The Texas Implied Consent Law (§724.035) imposes mandatory license suspension for 180 days on a first refusal and up to two years for subsequent refusals or prior alcohol-related contacts.
Are No Refusal Weekends Constitutional?
Yes, courts have repeatedly upheld the legality of No Refusal initiatives, provided that they comply with Fourth Amendment protections against unreasonable searches and seizures.
Key constitutional points:
- A warrant is still required unless there are exigent circumstances (e.g., serious injury or death).
- Probable cause must exist before the blood search warrant can be issued.
- The search (blood draw) must be reasonable in method and scope.
- The defendant has a right to challenge the affidavit and warrant in court.
Notably, the U.S. Supreme Court has weighed in on this area:
- Missouri v. McNeely (2013): Warrantless blood draws are not automatically permissible; case-by-case exigency must be shown.
- Birchfield v. North Dakota (2016): Warrantless breath tests may be permissible, but blood tests require a warrant unless exigent circumstances exist.
During a No Refusal Weekend, law enforcement follows the legal framework of obtaining warrants, making the process constitutional—though still subject to legal challenge if errors occur.
Common Legal Challenges to No Refusal Arrests
Despite the robust structure of No Refusal policies, several defenses and procedural challenges may be raised depending on the facts of the case.
Insufficient Probable Cause for the Stop
- Was the initial traffic stop lawful?
- Did the officer have reasonable suspicion?
If not, all evidence obtained (including breathalyzer test/blood tests) could be suppressed.
Defective Warrant Affidavit
- Was the affidavit based on vague or conclusory statements?
- Did it omit material facts or include misleading information?
A judge may suppress the results of a blood test if the warrant lacked sufficient legal foundation.
Improper Execution of Warrant
- Was the warrant executed within its time limits?
- Was the person who drew the blood qualified under Texas Health & Safety Code § 724.017?
Improper procedure may render the results inadmissible.
Violation of Constitutional Rights
- Was the individual denied access to counsel?
- Were Miranda warnings issued when required?
- Was the blood draw excessively invasive?
Courts scrutinize these actions to ensure defendants’ due process rights are preserved.
Chain of Custody and Lab Errors
- Was the sample properly handled and stored?
- Were there lab errors in testing?
These issues can introduce reasonable doubt at trial.
Can You Refuse a Blood Draw Even After a Warrant?
If you refuse chemical testing and physically resist a court-ordered blood draw, it is a serious offense and could result in additional charges, such as:
- Resisting arrest
- Obstruction of justice
- Assault on a public servant (if force is used)
Once a valid search warrant is issued, law enforcement is authorized to use reasonable force to carry out the draw. Noncompliance is not a legally protected form of resistance.
Penalties for a DWI Conviction from No Refusal Weekends
The penalties for DWI arrests made during a No Refusal Weekend are identical to regular DWI arrests, but defendants may face more robust prosecution due to the strength of evidence collected.
First Offense DWI (Class B Misdemeanor)
- 72 hours to 180 days in jail
- Up to $2,000 in fines
- Driver’s license suspension for up to 1 year
- Mandatory alcohol education program
Second Offense DWI (Class A Misdemeanor)
- 30 days to 1 year in jail
- Up to $4,000 in fines
- 180 days to 2 years license suspension
Third or Subsequent Offense (Felony DWI)
- 2 to 10 years in prison
- Up to $10,000 in fines
- License suspension up to 2 years
Aggravating factors, such as BAC over 0.15, a child passenger, or causing injury in alcohol related accidents can enhance the charges and penalties.
Misconceptions About No Refusal Weekends
Myth 1: “You can’t say no.”
Truth: You can refuse, but law enforcement can then obtain a warrant.
Myth 2: “They can draw your blood without a judge’s approval.”
Truth: A judge must sign off on a warrant. Otherwise, a warrantless draw is unconstitutional.
Myth 3: “You only face a fine.”
Truth: Even a first DWI can lead to jail time, license suspension, and long-term consequences.
Myth 4: “No Refusal Weekends suspend your rights.”
Truth: Your constitutional rights remain intact. The state simply expedites the warrant process.
Should You Cooperate During a No Refusal Weekend?
Every situation is unique, and individuals should be cautious when interacting with law enforcement. Key considerations include:
- Being respectful and not resisting physically
- Knowing your rights, including the right to remain silent and the right to an attorney
- Not volunteering incriminating statements
- Understanding that refusal may lead to a warrant, not avoid testing
Whether you consent or not, the state must still prove intoxication beyond a reasonable doubt in court.
Arrested During a No Refusal Weekend? Our DWI Defense Attorney is Ready to Defend You
Facing DWI charges in Texas, especially during a No Refusal Weekend can be overwhelming and life-altering. At Napier Law Firm, we are trial-ready and results-driven, with the experience to challenge unconstitutional procedures, defective warrants, and flawed evidence.
Criminal defense lawyer George Napier, a former prosecutor with a proven record of success, leads from the front in defending the rights of Texans. Attorney Napier and his legal team are determined to aggressively fight for your freedom and your future. To schedule your free consultation, call us 24/7 at (713) 470-4097 or contact us online.