No Refusal on Fourth of July 2012: Pulled Over in Dallas or Fort Worth for DWI Does Not Mean You Have No Defense: You May Have to Fight for Your Rights

It's the Fourth of July and that means law enforcement is working today, working hard to pull over and arrest people for suspicion of driving while intoxicated or distracted driving.  So be careful today, if you're out on the roads. 

In fact, in the Dallas - Fort Worth area, the "No Refusal" campaigns are in place at the Dallas Police Department along with Arlington Police Department, Irving Police Department, and other municipalities as well as the State of Texas Department of Transportation and the counties themselves (Dallas, Tarrant). 

What is a "No Refusal" Campaign?

The No Refusal Campaign is the brainchild of the federal government via its National Highway Traffic Safety Administration.  It's when the Powers that Be have a judge setting at a desk, on stand-by, to immediately sign a warrant that will approve the taking of your breath in a breathalyzer test or your blood with a needle even if you have exercised your constitutional rights and initially declined testing of blood, breath, or any other human body part.  

If the Breathalyzer reports a blood alcohol level of .08 or more, then it's most likely that you will arrested on the spot.

Tarrant County Goes One More With Its New Website Campaign

Over in Fort Worth, citizens face even more challenges to their rights.  It seems that the Tarrant County District Attorney, Joe Shannon, has announced that his office will publish online the full names and the ages of everyone arrested and charged with DWI on its website,  www.tarrantda.com. 

Things To Know About No Refusal DWI Campaigns: Fight for Your Individual Rights

Many challenge these No Refusal campaigns as well as the publication of names of citizens who have been arrested as being in violation of their legal rights under the constitution and both state and federal law.  The Tarrant County publication list is another, separate constitutional argument involving civil rights. 

Additionally, there are several things to remember about these law enforcment sweeps over holidays, including:

• searches and seizures of the vehicles must follow state law as always, this doesn't change the protections given to people from police searching their cars (read our article on searches and seizures here for details); 
• it's not illegal to drive below the speed limit, just not over it (read our 10 Things To Know When the Police Pull You Over for more details); 
• it's important to act fast if you are arrested for DWI, because not only will the police take your driver's license but you have only 15 days before the ALR Hearing (read here on details about the ALR Hearing and how important it is).  

Finally, you can call your lawyer when you are arrested in a No Refusal campaign, and it's a good idea to have legal representation on board as soon as possible in these kinds of Drunk Driving cases. You will have legal defenses to assert, and you will have big risks in front of you: loss of license, fines, jail time, impact on your public record, and more.  

It's not over till it's over and a No Refusal DWI arrest in Texas does not mean that you have no criminal defense.  Lawyers experienced in drunk driving defense cases in Dallas, Fort Worth, and other parts of Texas are ready to help you protect your future.