The Austin Police Department
enforced a “no refusal” policy during Super Bowl weekend in an attempt to keep
drunk drivers off the roads.
"We have a zero tolerance for
drunk driving in the city of Austin,” Chief of Police Art Acevedo said. “We
don't apologize for our very aggressive enforcement action and most importantly
our aggressive ‘no refusal’ initiatives.”
The APD enforced this policy for
the fourth straight year during Super Bowl weekend. From 7:30 p.m. Sunday to 5
a.m. Monday, officers made 17 arrests. Of those 17, seven drivers agreed to a
breath test. The others all refused, and as a result, they each had their blood
drawn through a search warrant.
The APD enforces the “no refusal”
policy for several big holidays and occasions. Crime analysts in the department
continually track impaired driving trends for years at a time to decide when to
enforce the policy. The number of arrests went down from 2013 to 2014 during
Super Bowl Sunday.
For the 2013 Super Bowl, 12 arrested
drivers refused a breath test. Six of these drivers tested above the legal
limit after police received a search warrant.
Texas law requires drivers to take
a blood or breath test if arrested for a DWI offense. Drivers give an “implied
consent” when they apply to receive a driver’s license. They have the right to
refuse, but the police department can use their refusal against them in court,
which may result in a license suspension. Drivers cannot refuse, however, if
they have previous DWI offenses, if a child under 15 rides in the backseat, or
if the arrest involves an accident resulting in injury or death.
“The purpose of the no refusal is
to encourage people not to drink and drive, and we inform them in advance via
the media that we are having a no-refusal event,” Lt. Keith Walker said. “We
hope that this causes people to either plan ahead to keep from driving, or to
take an alternate form of transportation if they have been drinking.” Lt.
Walker leads DWI enforcement at the APD.
“When a no-refusal weekend is
region-wide, we participate as well,” University of Texas Police Department
spokeswomen Cindy Posey said. The UTPD has a separate jurisdiction from the
APD, but during these weekends, they use the same policies.
Other cities in Texas, such as San
Antonio, enforce a “no refusal” policy year-round during the weekends. The
advantages of enforcing this policy year-round include easier prosecution and stricter
sentences, which reduce the likelihood of impaired drivers on the roads.
However, several disadvantages exist, too. “More lab tests means it would be
longer before results are available and it would increase the workload of the
lab personnel,” Walker said. “This can be mitigated by using outside
laboratories, but that of course is an increased cost.”
For now, the APD enforces “no
refusal” weekends just six times per year. The APD first used this policy
during Halloween in 2008 for the safety of children trick-or-treating in the
streets. Crime analysts will continue to keep track of DWI arrests on “no
refusal” weekends and look for patterns to determine the effectiveness of the
policy. The APD’s main focus remains preventing people from drinking and
driving.