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Re: No refusal weekend [Re: Doyle Hargraves] #12549252 12/23/17 10:54 PM
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Originally Posted By: Doyle Hargraves
Well good luck with your blowing. If I was ever put in that situation I wouldn't blow.


Well then they will arrest you and take you in for a blood draw. It is that simple. From what I've seen, any indicators in the field sobriety test that suggest you are driving impaired will get you a nice ride regardless of whether or not you agree to blow.


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Re: No refusal weekend [Re: SheldonS] #12549255 12/23/17 10:55 PM
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I do my drinking at home.


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Re: No refusal weekend [Re: SheldonS] #12549262 12/23/17 10:59 PM
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Bunch of Nazi's in this thread. There's this little thing called the constitution...maybe ya'll should read it.

I think there should be a "no refusal" weekend to come in to your homes and take an inventory of your firearms....sound good? You don't have nothing to hide, right?




Re: No refusal weekend [Re: Frenzy] #12549271 12/23/17 11:12 PM
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Originally Posted By: Frenzy
Bunch of Nazi's in this thread. There's this little thing called the constitution...maybe ya'll should read it.

I think there should be a "no refusal" weekend to come in to your homes and take an inventory of your firearms....sound good? You don't have nothing to hide, right?


Wow you are ignorant...read up on what no refusal weekend is before you comment.

Re: No refusal weekend [Re: Bigbob_FTW] #12549272 12/23/17 11:12 PM
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Pretty much what it's saying is this....
You get stopped for whatever reason, the officer smells the odor of an alcoholic beverage coming from your breath, you will get asked to step from the vehicle. Once you are at the rear of your vehicle, you be asked to perform the Standardized Field Sobriety Tests (S.F.S.T.'s), you can refuse or go along with the tests (your choice - I prefer you refusing, less paperwork for me)
Once you refuse or comply and fail the tests, you get arrested, placed into handcuffs, placed into the very comfy backseat of a squadcar and you are read the DIC form which gives you the choice of breath or blood (mind you most dept's are going away from using breath anymore) so it will be blood or blood (Intoxilyzers are getting expensive to maintain plus finding a currently certified Intoxilyzer operator is harder to locate). If you refuse to give any sample which I don't get because Texas is an IMPLIED CONSENT STATE (which means when you signed to get your driver license you are giving consent anyway), the officer can and will apply to get a blood search warrant.
There are plenty of judges that have signed up for No Refusal Weekend and getting that warrant signed will not be difficult at all, some counties will even have a sterile environment at the jail with the judge wide awake drinking coffee just waiting to sign the warrant. I know Dallas county has a blood trailer ready to go. Denton County will have a couple of judges waiting in a comfy chair waiting to swear the officer in and stamp that warrant.

So please refuse, it makes the job much easier, less typing and less detail needed in the report.

Like I told many a Intoxicated Drivers.... SEE YOU IN COURT.... police


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Re: No refusal weekend [Re: RATZ] #12549284 12/23/17 11:23 PM
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Originally Posted By: RATZ
It's a DWI No refusal. Thus you can't refuse a blood drawl or breathalyzer. Still not sure how this is legal, and they can just say when they don't need a warrant for blood, but I'm no legal scholar.


It's been explained to me in a couple of classes now.

If it helps, I don't understand it either.


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Re: No refusal weekend [Re: MrRoachie] #12549294 12/23/17 11:32 PM
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Originally Posted By: MrRoachie
Originally Posted By: RATZ
It's a DWI No refusal. Thus you can't refuse a blood drawl or breathalyzer. Still not sure how this is legal, and they can just say when they don't need a warrant for blood, but I'm no legal scholar.


I'd refuse....

This ain't Germany in 42 or Venezuela today.


Damn right. We have amendments and invoking the First can keep you from getting that DWI. It takes a little planning and commitment but hell, so does calling a taxi or an Uber. Get you like a 9 inch cross and keep it handy in the car. Whenever you choose to get loaded and drive, make sure you drink at least 1 glass of red wine. When you get pulled over, stick that cross in the back of your waistband. When they invariably ask if you've been drinking, say you have been celebrating Eucharist and that due to separation of church and state they have no right to detain you. If that doesn't work, jump out of your car and reach back there for that cross to show as proof while getting in a weaver stance. You better believe you will be sent on your way as fast as possible without ever having to worry about any DWI.

Re: No refusal weekend [Re: SheldonS] #12549296 12/23/17 11:33 PM
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If someone politely refuses the field sobriety check, does not refuse a breath or blood test, get's taken in for a blood test, remains respectful, test comes back half the legal limit, what happens then typically? Assuming they were not in an accident or reckless driving etc.

Just curious.

Don't drink and drive.

Re: No refusal weekend [Re: SheldonS] #12549303 12/23/17 11:40 PM
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Originally Posted By: SheldonS
If someone politely refuses the field sobriety check, get's taken in for a blood test, remains respectful, test comes back half the legal limit, what happens then typically? Assuming they were not in an accident or reckless driving etc.

Just curious.

Don't drink and drive.

My guess is their license would be suspended anyway and they would have to hire a lawyer to get their license back.
But this is only a guess.

Re: No refusal weekend [Re: Jon] #12549306 12/23/17 11:46 PM
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Originally Posted By: Jon
Originally Posted By: SheldonS
If someone politely refuses the field sobriety check, get's taken in for a blood test, remains respectful, test comes back half the legal limit, what happens then typically? Assuming they were not in an accident or reckless driving etc.

Just curious.

Don't drink and drive.

My guess is their license would be suspended anyway and they would have to hire a lawyer to get their license back.
But this is only a guess.


I added and should have added "agrees to breath or blood test"

Re: No refusal weekend [Re: Frenzy] #12549313 12/23/17 11:57 PM
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Originally Posted By: Frenzy
Bunch of Nazi's in this thread. There's this little thing called the constitution...maybe ya'll should read it.

I think there should be a "no refusal" weekend to come in to your homes and take an inventory of your firearms....sound good? You don't have nothing to hide, right?


Whoa, if you are driving impaired you are breaking the law, im not breaking any laws sitting in my house right now

Re: No refusal weekend [Re: Frenzy] #12549322 12/24/17 12:04 AM
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Originally Posted By: Frenzy
Bunch of Nazi's in this thread. There's this little thing called the constitution...maybe ya'll should read it.


Every time this subject comes up (and it has come up several times), someone always thinks it's unconstitutional.

Do you really think they would spend the time and money doing it if it were unconstitutional? And then lose all those cases on top of that? And then get sued by every arrestee for civil rights violations on top of that?

This isn't anything new. It has been through the courts. It has been argued, fought, and decided.

IMPLIED CONSENT - Look it up.

Re: No refusal weekend [Re: SheldonS] #12549328 12/24/17 12:14 AM
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I have a pretty strict rule. I only drink at home or where I know I'm staying the night.
I do my heaviest drinking at the in-laws. It's out in the sticks. And when we go out there we are staying at least one night.

Re: No refusal weekend [Re: SheldonS] #12549347 12/24/17 12:50 AM
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I don't drink.

WHAT THE HELL DO I DO IF I GET PULLED OVER?

Re: No refusal weekend [Re: Big Possum] #12549356 12/24/17 01:02 AM
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Originally Posted by Big Possum
I don't drink.

WHAT THE HELL DO I DO IF I GET PULLED OVER?




"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein
Artim Law Firm, PLLC
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2250 Morriss Road, Suite 205, Flower Mound, Texas 75028
972-746-0758 mobile
zac@artimlegal.com
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