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This Holiday Season, Drink and Drive, Face Forced Blood Draws

The Law Offices of Tyler & Peery

Beware the Texas no-refusal policy: If you're a common motorist or a commercial truck driver and you've been drinking, refusing the breath test might not save you. In fact - and this is particularly relevant if you hate needles - your breath test refusal might just earn you a spot in line at the mobile unit to have your blood drawn.

Texas law enforcement authorities have been cracking down on drunk driving. Motivated by rising deaths from alcohol-related car and truck accidents, the Texas Department of Transportation is running a campaign with a sober Santa calling a fleet of cabs rather than relying on his drunken reindeer to pull the sleigh on Christmas Eve.

And local authorities in Texas cities like San Antonio are implementing the no-refusal policy over the holidays - a policy that involves on-call judges to issue search (blood) warrants and on-call nurses to draw your blood on authority of the warrant.

If you are drinking and cause an accident, you can be assured that Texas officers will seek to have your blood drawn if you refuse the breath test. Even if you don't cause an accident, the no-refusal policy might cause you to get your blood drawn for analysis of alcohol content.

Source: Fox News, "More Texas Cities to Demand Blood Tests From Drunk Drivers," 12/12/11

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