So-called “no refusal” weekends were established to combat drunk driving in Texas. The police want you to believe that “no refusal” means that the police will collect your blood regardless of whether you refuse or not, and that you don’t have the option to refuse, so just give up now—your sweet, sweet blood is theirs. They would prefer that you believe this so that you consent to having your blood drawn, saving the police the time of having to obtain a warrant.
The truth is that if you do refuse (and you should), the police will absolutely attempt obtain a warrant to draw your blood. Odds are, they get the warrant. And if they get a warrant, your blood will be drawn. But, note that they need to get a warrant. This can take some time (which can be to your benefit.) It is also worth noting that if you consent versus making them get a warrant, you have nothing to complain about later. If you refuse, you potentially have the issue of a lack of consent.
So, “No Refusal” Weekends are actually about trying to get people to believe they have no choice but to consent, to save the police the time of having to get a warrant.
See, during days that are not “no refusal” weekends, the police can always obtain a warrant to have your blood drawn—currently, even if you refuse to consent. (There is currently an ongoing battle in the courts about so-called “involuntary blood draws.”) The fact is, sometimes when a person refuses, the police don’t get a warrant, and no specimen of blood is taken.
But, on “No Refusal” weekends, the police vow to always attempt to obtain a warrant and draw your blood. It’s that simple. So note:
YOU CAN REFUSE. Calling something a “no refusal” weekend does not rescind your right to refuse to provide the police with a specimen of your blood, any more than writing “Gold” on an ordinary rock makes it gold.
YOU SHOULD REFUSE. Make it tough on them. The police will get a warrant, and yes, your blood will probably be taken anyway, but why let them skip the warrant part?