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No Refusal Bill proposed

10:25 PM CST on Wednesday, November 19, 2008

By NOELLE NEWTON
KVUE News

Your right to refuse a blood or breath test for a DWI may soon end. Austin police made headlines during the Halloween weekend by getting quick warrants and drawing blood from suspected drunks. A proposed state law would allow police to do that, without a warrant.

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KVUE's Noelle Newton reports
11/19/2008
Local/State Videos

According to the Texas Department of Transportation, someone is hurt or killed on Texas roadways in an alcohol related crash every 19 minutes. Now two lawmakers have a controversial plan to change that.

"Anything we can do to reduce the number of DWI fatalities, to reduce the number of DWI instances," said Don Forse, chief of staff for Senator Bob Deuell, R-Greenville, who filed Senate Bill 261.

Under the proposal, any driver pulled over for drinking and driving, who already has two or more DWI convictions will no longer be able to refuse a blood or breath test. Officers won't need a warrant.

“We're going after the serious DWI offender with this,” Forse said.

Last year, Representative Dan Gattis, R-Georgetown, tried to pass a similar bill.

"It got a committee hearing in the house. It was voted out favorably. It was put on the house calendar and they simply just didn't get to it," Forse said.

 Gattis is expected to file a companion bill to Deuell's in the upcoming weeks. Under the bill suspected drunk drivers involved in an injury crash that sends someone to the hospital will also have to submit to testing.

"We're talking about someone who's had a concussion, broken limb, something that is not critical but calls for medical assistance," said Forse.

Austin Poice Chief Art Acevedo supports the legislation.

"I'm all in favor of holding people accountable," Chief Acevedo said.

Even if passed, he plans to continue to go further getting search warrants to test suspected drunk drivers even on the first offense.

"Today's misdemeanor drunk driver unless we intervene and convict them and get them held accountable and hopefully some other training that comes with education that's potentially tomorrow's killer," said Acevedo.

Drivers we spoke to had mixed feelings.

"That's a blatant violation of our bill of rights and people should stand up and protest it," Grey Kellogg said.

"I think it would help with making convictions because it's not fair for repeat offenders to keep doing what they're doing and get away with it,” said Karen Osegueda.

If passed, the law will go into effect on September 1st. Williamson County District Attorney John Bradley assisted in drafting the legislation. Williamson County law enforcement has had a similar no refusal policy in place for two years. According to Bradley, the majority of those tested were two and three times over the legal limit.

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