Tarrant County

DA warns β€˜No Refusal' policy for DWI tests is year round in Tarrant County

A police officer holds a breath test machine in his hand ready at a traffic stop with his patrol car in the background.
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The Tarrant County District Attorney's Office warns drivers that Tarrant County is "no refusal" year-round when it comes to testing for intoxicated drivers.

While the holiday generally increases awareness around drunken driving, the district attorney is reminding those who may choose to get by the wheel after drinking that they will prosecute.

β€œIf you drink and drive, we will prosecute you,” Sorrells said. β€œThere’s no reason anyone should drive intoxicated."

According to a statement from the DA's office, "No refusal" means that if a driver is pulled over and refuses a breath test, then police officers can get a search warrant to obtain a blood sample.

It's illegal to drive a motor vehicle in Texas with a blood alcohol content level of 0.08% or higher.

β€œGet a ride from a friend or a ride-share service,” Sorrells said. β€œDesignate a sober driver. Be responsible.”

The district attorney said last year, from Dec. 31, 2023, through Jan. 1, 2024, 47 people were arrested and charged with driving while intoxicated.

"Let's get that number to zero," Sorrells said. "There are no excuses for getting behind the wheel under the influence of drugs or alcohol."

In 2023, 5,953 DWI cases were filed in Tarrant County. By late 2024, around 4,700 DWI cases were filed in Tarrant County. In Texas, more than 1,000 people were killed in alcohol-related crashes in 2023, according to the Texas Department of Transportation.

What are the penalties for a DWI?

Below are the penalities for a DWI, according to the Texas Department of Transportation. Remember, traveling with an open bottle is also illegal in most cases, even if the driver isn't intoxicated.

First offense

  • Up to a $2,000 fine.
  • Up to 180 days in jail upon conviction, with three mandatory days.
  • Loss of driver's license for up to a year.

Second offense

  • Up to a $4,000 fine.
  • One month to a year in jail upon conviction.
  • Loss of driver's license for up to two years.

Third offense

  • A $10,000 fine.
  • Two to 10 years in prison.
  • Loss of driver's license for up to two years.

These fines do not include a state fine of $3,000, $4,500, or $6,000 assessed upon sentencing.

Impaired driving with a child passenger

  • You will be charged with child endangerment if you're driving impaired with children under 15.
  • You will be additionally fined up to $10,000.
  • You could be put in jail for up to two years.
  • You will lose your driver's license for another 180 days.
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