The term “ no-refusal weekend ” is a misnomer.
It was coined by law enforcement to advertise that police agencies would ask for a search warrant to seize a blood sample from a driver where a breath test was refused.
Here, it is important to note that Texas does allow you to refuse a breath or blood test unless a search warrant is issued by a judge.
If so, police officers can reasonably use force to take a blood sample from you.
Note, too, that a judge must decline to issue a warrant where there is not probable cause that the person is DWI.
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