Just in time for the New Years Eve weekend NBC Nightly News broadcast talked about the NO REFUSAL on the Federal level. Shot here in Montgomery County a few weeks ago is went national.
This Mornings Today Show featured Montgomery County Assistant District Attorney Warren Diepraam, several Montgomery County Deputies and was shot a few weeks back.
The number of fatal crashes in the county this year will most likely be about 20% lower than last year. The number of DWI cases has also dropped by about the same amount. In addition, the No Refusal Program finds our most dangerous impaired drivers and provides solid evidence to increase the chances of a conviction. Blood tests show that those refusing typically average a 0.19 alcohol content while those providing breath samples typically average 0.13. These higher dosed offenders are much more likely to cause a fatal crash. Additionally, repeat offenders are the ones more likely to refuse to provide a scientific sample.
The law requires that a person arrested for DWI provide a sample of the officer’s choice. Sadly, refusal rates in Texas are abysmal at almost 50%. The program fixes this problem by obtaining scientific evidence in 100% of DWI cases. It also reduces the refusal rate from about 50% to as low as 10% on some nights. Lastly, if the person is not impaired but is suffering from a physical condition, this program will result in the case being dismissed. It finds the guilty and frees the innocent.
Although the law does not require police to get a search warrant before forcing a blood sample, this program goes the extra step of obtaining a warrant to protect the suspect’s due process rights.
This Weekend Precinct 4 Constable Rowdy Hayden has told all his deputies there will be nobody off New Years Eve. They along with Montgomery County Sheriff’s Office, DPS, Humble Police, Cleveland Police, Houston Police Department along with many smaller departments such as Wood Branch. Roman Forest, Splendora and Paton Village will be enforcing the DWI laws in East Montgomery County. The Montgomery County District Attorney’s Office will have someone available at the East Montgomery County Annex. A judge will also be available to sign a search warrant for a blood draw if the person refuses a breath test.
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