AUSTIN, Texas — Driving under the influence has become an increasing concern throughout Texas in recent years.
In 2022 alone, more than 1,100 people across the state died in crashes involving drunk drivers, according to the Texas Department of Transportation (TxDOT).
In an effort to create safer highways and roadways, the Austin Police Department (APD) is enforcing a "No Refusal Initiative" throughout this summer.
"If someone is arrested for DWI and refuses to provide a sample of their breath or blood, we will try to get a search warrant from the judge to compel them or force to provide a sample of their blood, which will be tested for alcohol and drugs in their system," Det. Jason Day with APD's Highway Division said.
The program started June 1 and will run each night until Aug. 31.
Austin attorney Jeff Peek said people do have the right to say "no" to a breath specimen or blood draw. In order for someone to be arrested for DWI, police have to have probable cause and obtain a search warrant from a judge for a breath or blood sample.
"They believe there is specific evidence in your blood to prove the crime – which, obviously, would be driving when intoxicated," Peek said. "Travis County has a magistrate downtown. That['s] where, I would imagine, 99% where they are going to get that warrant."
Memorial Day 2024 DWI arrests in Austin
APD does "no refusal" initiatives year-round each Thursday through Sunday, as well as during some holidays and special events. Most recently, the department implemented no refusal during Memorial Day weekend.
This year, APD made 31 arrests during the four-day holiday period, including 10 blood search warrants, 16 consensual breath samples and five consensual blood samples. Five of the 31 had a breath sample of more than 0.15, while two were charged with a Class A Misdemeanor DWI after having previously been convicted.
This summer is the first time APD has tried doing a no refusal initiative seven days a week. Det. Day said the decision is all about public safety.
"A huge goal is to deter from doing it. Another is help with the prosecutions," he said. "We tend to see DWI increase over holiday periods ... when weather is nice, when people are out and about. They go to concert, events, those type of things."
TxDOT's #EndTheStreakTX Movement
APD's no refusal initiative is part of a larger TxDOT movement to #EndTheStreakTX, which works to encourage safe driving and increase awareness of vehicle-related deaths.
TxDOT says one or more individuals have died on Texas roadways at least once a day over the past 24 years.