"No refusal" to curb Halloween drinking

AUSTIN (KXAN) - Austin police chief Art Acevedo is considering a new program to curb drinking and driving during the Halloween holiday weekend in Austin. Acevedo wants to create a "no refusal" plan which would allow officers to seek a blood test for any DWI suspect who refuses a breathalyzer test.  

"It's about what folks have a right to do," said attorney Kenny Gibson, who handles driving while intoxicated cases. "And APD, in my opinion, is clearly trouncing on those rights."  

Drivers have the right to refuse a breath, blood or urine test, Gibson said.

"What APD is proposing is going around that right and forcing people through a search warrant to give their blood," said Gibson.  

Currently, officers request a warrant for blood only if the suspect is involved in a felony DWI offense. Acevedo says the "no refusal" proposal would include anyone who refuses a chemical breathalyzer test.  

"It's not right for folks that have never been in trouble before to be forced to be held down and have a needle jabbed in their arm," said Gibson.  

Opinion was mixed among those who heard about the proposal.

"I think it's a good idea," said supporter Mark Tripp. "There's too many people out there drinking who shouldn't be driving."  

"It's going to scare people enough to where they're like, wow, these cops aren't playing," said Whitney Carson. "I think it's going to work."  

"I think it's an invasion of privacy," said Paul Peterson, who opposes the plan.  

"DWI is a big issue to me," Acevedo said. "Halloween parties lead to a lot of drinking and driving. The goal is to prevent drunk driving."  

Acevedo said the "no refusal" program is still in the planning stages. He hopes to have a trained phlebotomist on duty for three nights during the Halloween weekend between 8 p.m. and 4 a.m.