No Refusal Traffic Stops

Collin County, Texas wants to expand its no-refusal policy for taking blood samples in suspected Texas DWI cases. The county has previously experimented with the program during the holidays, and now wants to make it standard procedure in all traffic stops for suspicion of drunk driving.

Under Texas law, a motorist has the right to refuse to submit to a breath or blood test. The blood testing program uses warrants, signed by a judge, to demand and, if necessary, physically take a blood sample. Texas DWI defense attorneys argue that infringes on an individual’s constitutional rights and it is the same as an unwarranted search and seizure. A district attorney says the warrants will be issued by an impartial judge when there is sufficient evidence to test for blood-alcohol content.

Illinois law states that drivers shall be deemed to have given consent to testing of blood, breath, or urine for the purposes of determining whether the driver is under the influence of alcohol or drugs if the driver is arrested. For the purposes of this law, “arrested” means that the driver has been issued a traffic ticket for DUI. The law is clear about this “implied consent” — it’s part of being able to drive legally in Illinois.

As discussed in our Texas State approved driver safety course, driving is a privilege, not a right. With that privilege, we as drivers have a social and moral responsibility not to endanger the lives of others. With the holiday season here more people will be on the roads, so lets take time to brush up on some antiquated driving skills by logging on to Defensive Driving.com and using one of our many courses.