APD's 'No Refusal' program aims to curb DWI incidents, now in effect all year

AUSTIN, Texas — Austin Police have announced it’s expanding its ‘No Refusal’ Initiative to now be year-round.

Once reserved for holidays, it requires an automatic blood draw for suspected drunk drivers who refuse a breathalyzer test.

Back in June, A.P.D. announced it would be running its ‘No Refusal’ initiative all summer, which they say led to a 30-percent increase in the number of warrants issued for drinking and driving compared to the summer of 2023. Now they want to replicate that success over the entire year.

Drinking and driving is an epidemic in Texas, and numbers from the Texas Department of Transportation show there were nearly 1,000 DWI-related crashes in Austin last year. These crashes resulted in 18 deaths and nearly 350 injuries, a far cry from the city of Austin’s goal of Vision Zero.

“Vision Zero is our aspiration to achieve zero fatalities and serious injuries on our roadway network.” City of Austin Director of Transportation and Public Works Richard Mendoza said.

The city says many partnerships and programs go into Vision Zero, but they say the Austin Police Department’s No Refusal Initiative has been one of the more successful ones. If someone suspected of driving while intoxicated is pulled over and refuses a breathalyzer test, they’re taken into custody and a warrant is issued for a blood test.

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“We would love it if nobody drinks and drives ever,” A.P.D. Detective Jason Day said. “and that I didn’t have to be up here, we didn’t have to be taking people’s blood.”

The initiative originally rolled out during the holidays, including this past Memorial Day which led to ten warrants and more than 30 arrests. Then A.P.D. kept it going for the entire summer, and Day says it led to a 30-percent increase in blood sample warrants from the summer of 2023.

“Now with the advent of all rideshares, you can get a car there in a matter of minutes,” Day said. “So there’s really no excuse for people being behind the wheel and driving after they’ve had too much to drink.”

Criminal defense attorney Brad Vinson says technically every weekend is ‘No Refusal’ in the state of Texas…

“If you refuse to provide a sample of your breath or blood, a police officer can go see a magistrate, get a warrant, and get your blood anyways, as long as they have probable cause to arrest you for DWI,” Vinson said.

You can still refuse, initiative or not. That, though, could lead to more serious consequences.

“When you’ve been arrested for a DWI, 15 days from then, your driving rights in Texas will be suspended,” Vinson said.

For now, APD says this will only happen at night because they don’t have the staffing to dedicate patrol officers to traffic or D.W.I.s. But Day says in an ideal world, this initiative wouldn’t be needed at all.

“We want people to get out and enjoy the community, but we want to make sure they have a plan and a safe ride home,” Day said.

There’s always been a judge presiding over the jail 24/7, but A.P.D. says it will also be bringing in a “DWI expert” to help officers work through the warrant process more quickly and efficiently.