APD enforces "no refusal" Super Bowl

AUSTIN (KXAN) - The Austin Police Department has a super big message for Super Bowl partiers. Officers will be out enforcing their No Refusal Blood Draw Initiative from 9 p.m. Sunday until 5 a.m. Monday.

"We know that a lot of people will be out at bars or attending Super Bowl parties where alcohol will probably be consumed," said Veneza Aguinaga, Austin Senior Police Officer.

For the second year in row, officers will enforce a no-refusal blood draw on Super Bowl Sunday. That means police can get a warrant to draw a suspect's blood if the suspect refuses a breathalizer.

"If we believe you had too much to drink, you will be arrested for it," said Aguinaga. "You can either voluntarily provide a specimen of your breath or your blood. If you refuse, than a search warrant will be obtained for a blood draw."

Chief Art Acevedo wants the police department's own phlebotomists or individuals trained to draw blood at the jail, since hospitals are now turning suspects away or charging the department a significant amount of money to draw a suspect's blood.
The APD proposal could go before the city council soon.

In the meantime, the department has a plan for drawing blood if necessary.

"I believe when they do the DWI No Refusal, they have someone contracted out, and those phlebotomists provide that service at that location," said Aguinaga.

From the No-Refusal DWI crackdowns in the past, there were 21 arrests on last Super Bowl Sunday, 54 arrests on Halloween weekend and 24 on New Year's.

The DWI initiative allows officers to conduct blood search warrants on suspects who refuse to give a breath or blood specimen as required by law. The law went into effect on September 1, 2009. The law was created to enforce DWI laws and keep the public safe. APD conducted the first No-Refusal initiative on Halloween of 2008.

A high number of DWI arrests were made in Austin last year. Approximately half of last year's traffic fatalities were alcohol related. About 25% of 2008 traffic fatalities were alcohol related.

Officers hope football fans who drink will get the message and not get behind wheel.

"Don't drink and drive," said Aguinaga. "One crash is too many. One fatality is too many."