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Austin PD Enacts Year-Round DWI No-Refusal

Nightly no-refusal periods implemented.

Published October 11, 2024 at 6:03am by Skye Seipp


Austin Police Department Expands 'No-Refusal' Program Year-Round

In an unprecedented move, the Austin Police Department is expanding its 'no-refusal' program for suspected impaired driving to operate every day, year-round. Previously, the program was limited to holiday weekends and special events.

This change follows a summer initiative where the department implemented the no-refusal program daily. During no-refusal periods, officers can more easily obtain search warrants for blood or breath samples from suspects who refuse to voluntarily provide them.

Police Detective Jason Day praised the program's value, stating it helps increase prosecution chances by providing crucial evidence. According to Day, the summer initiative resulted in a 30% increase in warrants compared to last year.

"We want people to get out and enjoy the community," Day said during a Thursday news conference. "But we want to make sure they have a plan and a safe ride home."

Day noted that the advent of ride-hailing services like Uber has made it easier for people to avoid driving impaired. "There's no excuse," he said.

To obtain a warrant, police must present sufficient evidence to a municipal judge that the person was driving under the influence. Day emphasized that the initiative is not a "rubber stamp," and officers must meet certain expectations for a judge to sign off on a warrant.

As part of the no-refusal effort, a DWI expert will be available at the jail every night to assist officers in all DWI cases, regardless of whether the suspect refuses to provide a sample. Approximately 40% of people stopped in Austin for a suspected DWI refuse to give a sample, Day said.

The program will operate daily from 9 p.m. to 5 a.m., the time during which 70% of DWIs take place, according to Day.

Read more: Austin Police Department set to begin DWI no-refusal initiative year-round