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Austin police announce 'no refusal weekend'

06:24 PM CDT on Wednesday, October 29, 2008

By JESSICA VESS
KVUE News

If you drink and drive this weekend, Austin police say they will find proof through your breath or your blood. You can't refuse because this coming weekend will be a "no refusal weekend" in Austin.

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KVUE's Jessica Vess reports
010/29/2008
Local/State Videos

On 6th Street in downtown Austin the decorations are out for the holiday weekend and the liquor shelves are full.

"It's gonna be crazy. It's gonna be nuts; lots of people out here," said Austinite Carlos Benavides.

Since Halloween falls on a Friday this year Austin police expect more on the party scene. They also expect more drunk drivers, but anyone caught driving drunk in Austin will face tighter scrutiny than ever before.

"We are willing to fight to make a difference," said Chief Art Acevedo, APD.

Chief Acevedo says this weekend will be the first time for a city-wide no refusal policy. Any driver that appears to be under the influence but refuses to take a breath test will instead have their blood drawn.

An officer will get a search warrant for a blood sample and then take the driver to the Travis County jail where a professional phlebotomist will take a blood sample.

"It seems just a little bit extreme," said Austinite Natalie Zoe.

The police department says its numbers prove otherwise.

Last year, when Halloween fell on a Wednesday night, Austin police made 21 DWI arrests. That's the same amount they usually make on an average Saturday night.

“We are the worst state in the union for DWI, we're the hardest drinking city in the union,” said Chief Acevedo.

The ‘no-refusal” policy isn't new to Central Texas.

“I think it's beneficial to everybody around to get the drunk drivers off the road,” said Gloria Farrow, who supports the policy.

Williamson County District Attorney John Bradley says the county already mandates blood search warrants on felony DWI charges, when a driver already has two DWI convictions.

“We need the right to investigate that case and prove whether someone is intoxicated,” said Bradley.

Others disagree and say police need to find another way to catch drunk drivers.

“They have other tests. They have sobriety tests. They have their field tests I mean they have their breathalyzer test. There (are) other things they can do,” said Benavides.

“You can take them to jail anyway if they refuse a breathalyzer and that takes them right off the street,” said Nick Kriofske, who doesn’t support the policy.

Drivers can refuse sobriety tests and opt for jail instead, but police say without proof of a driver's alcohol level, it's difficult to prosecute a DWI charge.

Chief Acevedo says the city-wide “no-refusal” policy could become permanent if this weekend's test-run catches more drunk drivers.

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