Dallas Police To Conduct a No Refusal DWI Initiative For the July 4th Weekend
The Dallas Police Department will conduct a No Refusal DWI initiative this Independence weekend. What that means is the police will secure a search warrant for a blood sample on any person arrested Driving While Intoxicated and who refuses to give a voluntary breath or blood sample. Judges will be ready to sign blood warrants at all hours through the weekend.
It isn’t unusual for the Dallas Police to have No Refusal weekends during holiday weekends. They always conduct the same type of operation during the Christmas holidays. Like any arrest the actual probable cause for the initial stop is critical for a DWI case. The other critical area is the probable cause affidavit for the blood search warrant.
If there is evidence that the officer did not have sufficient probable cause to stop and detain the driver a criminal attorney can have attempt to suppress the stop and arrest. If the trial judge grants a motion to supress then there is a good chance the prosecutors will dismiss the case. The prosecutor would have an opportunity to appeal the Judge’s ruling but many times they don’t appeal rulings in misdemeanour cases. It is a case by case decision.
If the stop is valid a criminal attorney may suppress the blood test if there is a problem with the probably cause affidavit. Some times the police are in a hurry and their isn’t sufficient facts that set out probable cause. In every blood warrant case the attorney should carefully review the affidavit. If they are potential problems in the warrant an attorney may be bale to use that in order to get a more favourable plea bargain.