Hays County To Implement “No Refusal New Year’s Eve”

In an effort to reduce the impact of drunk driving this coming holiday, local law enforcement agencies and judges will be testing all suspected impaired drivers who refuse to provide samples for intoxicant testing by obtaining warrants for blood draws.

Should a vehicle operator refuse to provide a breath or blood test, law enforcement officers can submit a probable cause affidavit requesting a judge’s order for a blood draw.

“We see the tragic results of crashes from people driving under the influence,” Kyle Police Chief Jeff Barnett said. “Our belief is this program will help deter drivers from getting behind the wheel after drinking or using illegal drugs.”

The San Marcos Police Department, the Kyle Police Department, the Buda Police Department, the Hays County Sheriff’s Office, Texas State University Police Department, and the Department of Public Safety will be participating in a No Refusal New Year’s Eve.

A qualified phlebotomist and Hays County Court at Law No. 2 Judge Chris Johnson have volunteered to be at the Hays County Jail to expedite the process for Hays County peace officers to seek and obtain DWI search warrants to draw the blood from those who are suspected of driving in Hays County while intoxicated, but who refuse to provide a sample of their blood.

This in effect will make the Hays County Jail a one-stop-shop for obtaining blood samples from DWI suspects, making the process streamlined and more efficient for law enforcement personnel throughout the county.

According to data from the Texas Department of Transportation, in 2018 there were 258 driving-under-the-influence crashes just in Hays County. More than 100 people were injured and 11 people died in those crashes.

“Despite convenient ride-sharing alternatives, far too many people still choose to endanger Hays County citizens by drinking and driving. According to the Texas Department of Transportation, there were 258 driving-under-the-influence crashes in 2018 in Hays County. Over 100 people were injured and 11 killed in these crashes. Our office hopes that these No Refusal events—with the help of our dedicated law enforcement community and our hard-working magistrates—will become a common practice in our community as they are elsewhere,” said Hays County Criminal District Attorney Wes Mau.

According to Hays County, San Marcos had a no-refusal holiday in 2017, but this will be the first countywide effort since 2013.

“By collaborating with local law enforcement agencies, and because of the efforts of Sgt. Jones, Judge Johnson and the on-site phlebotomist, we can reduce the number of tragic deaths and injuries on our roadways,” Barnett said.