Texas’ Zero-tolerance Approach to DWI

Each year, more Texans die from drunken driving accidents than in any other state. In 2008, there were nearly 1,400 traffic fatalities in Texas caused by people who chose to drive while intoxicated. In fact, nearly 45 percent of all traffic fatalities in Texas are the result of a driver with blood alcohol content (BAC) that is over the legal limit. Hoping to halt this trend, Texas law enforcement is taking a zero-tolerance approach to DWIs.

What is Texas’ Zero-Tolerance Approach?

Part of Texas police’s zero-tolerance strategy is to choose a weekend or an entire week to increase the number of officers on the road keeping an eye out for drivers who may be intoxicated, making thousands of arrests throughout the state in the process. Some communities will have Driving While Intoxicated (DWI) checkpoints that are set up to randomly observe whether drivers exhibit any signs of intoxication. If the officer believes the driver is intoxicated, they will conduct field sobriety tests. If the officer believes the driver is intoxicated based on the results of the field sobriety tests, the driver will be taken into custody and given the option to take a breath or blood test to determine their blood alcohol content (BAC). The driver may also be charged with a DWI.

During certain time periods, most counties in Texas implement a “no refusal” policy, which means if a DWI suspect refuses to take the breath or blood test – and 50 percent often do – a warrant is sought to forcibly take the suspect’s blood sample. The blood is taken by a nurse or phlebotomist.

The main argument against the zero-tolerance “no refusal” policy is that it violates the driver’s Fourth Amendment right against an unreasonable search and seizure. Proponents say that DWI is a crime and that a blood sample is evidence of the crime. That same blood sample could also exonerate the suspect if the BAC level is below .08, which is the legal limit for a DWI in Texas. So far, the appellate courts have agreed with the “no refusal” policy, however, one Tarrant County trial court has held a DWI blood sample inadmissible based on improper blood drawing procedures.

If you have questions about Texas’ zero-tolerance approach to DWI and how it may affect you and your rights, please speak to a criminal defense attorney in your area today.