Monday, December 16, 2013

Constitutional Assault: Refusing a sobriety test during the holidays not an option

December 16, 2013


Troopers all across Texas are going after drunk drivers this holiday season.
The Texas Department of Public Safety (DPS) is aiming to lower the amount of drunk drivers across the state by increasing the amount of troopers, working overtime, and enforcing stricter rules.
No refusals are among the stricter rules being enforced, meaning if an officer believes you are drunk and asks you to take a blood test you will most likely have to still take one.
If you say no, the officer will get a warrant from a judge immediately to get your blood specimen.
Saying no to a breathalyzer will also prompt authorities to get a warrant for a blood test.
"For example if you are a 0.05 you can still get arrested if the officer believes that you have lost physical and mental capacity to safely operate a motor vehicle," Trooper Maria Hernandez said.
Anything over a 0.08 blood alcohol concentration  is deemed too dangerous for a driver to be behind the wheel.
Another rule is if they catch you intoxicated while driving with children under 15-years-old, you will get a $10,000 fine, two years in state jail and your license will be suspended.
This is the first time DPS is teaming up with police, fire departments and emergency medical services (EMS) to decrease the amount of drunk driving related accidents.
"While you are going to be home on Christmas Day opening up presents, officers will be out there making sure roads are secure for your safety," Hernandez said.
Last year during the holidays, there were 776 alcohol related accidents in Texas resulting in 239 serious injuries and 78 deaths.
"On a daily basis we see mottor vehicle crashes involving alcohol that could have been prevented," Hernandez said. "During the holiday season we see an increase in it."
In the end DPS tells Action 4 that the message to the public is don't drink and drive. If you do decide to drink have a designated driver.
To promote safe driving, TxDOT has created the "Sober Ride Sleigh Tour."
It’s a holiday decorated limosine that will be going throughout the state encouraging the gift of safety and sober driving.
The tour will make a pitstop in Pharr on December 19th.
DPS sent out a press realease offering the following additional tips for safe travel during the holidays:

• Don't drink and drive. Designate a driver or take a cab.
• Eliminate distractions, including the use of mobile devices.
• Buckle up everyone in the vehicle – it's the law.
• Slow down – especially in bad weather, construction areas and heavy traffic.
• Slow down or move over for police, fire, EMS and Texas Department of Transportation vehicles and tow trucks that are stopped on the side of the road with emergency lights activated – it's the law.
• Don't drive fatigued.
• Drive defensively, as holiday travel may present additional challenges.
• Make sure your vehicle is properly maintained before your trip begins.

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