Other states begin to adopt the Texas no-refusal policy

In DWI circles, the no-refusal policy in its current form seems to have gained the most widespread use in the state of Texas. Now, other states are starting to adopt the policy, based on Rhonda Cook's report in the Atlanta Journal-Constitution.

The Georgia State Patrol now has some authority to seek search warrants - otherwise known as "blood warrants" - in DWI cases.

As Cook reports, one law enforcement representative said, "DUI is a dangerous thing. And our levels of refusals were increasing, and with a refusal it's hard to convict them."

Pay particular attention to the words: And our levels of refusals were increasing...

In other words, the common motorist was learning about his or her rights and choosing to exercise them under the law - now, law enforcement in Georgia, as in Texas, has been using the no-refusal policy as a type of end-run around the law.

In Texas, drivers suspected of DWI who refuse the breath test may be forced to a blood draw based on an on-call judge's issuance of a search warrant.

Source: DUI test refusals prompt blood warrants