Austin resident Myra Constable, who recently lost her husband as the result of a drunk driving accident, is applauding the Austin Police Department for expanding the “No Refusal” program, which is designed to allow officers to obtain search warrants for blood samples from drivers whom they suspect to be impaired and who also refuse to submit to either blood or breath tests.
This past October, the APD conducted the program every Thursday through Sunday night, and the program will now be extended through this coming September.
Constable had the following to say in regards to the program being extended:
“I wish something like this was happening in 1999. I wish that there had been someone to pull my husband over. He may have had difficulty, because of an arrest or going to jail and dealing with court costs, but he would still be alive. It is heartbreaking for me to know that my husband made that kind of decision that made an impact on my life, and on his son’s life forever.”
Back in 1999, Constable’s husband drove drunk, which resulted in his car going off the road and flying over railroad tracks before then landing in a woman’s backyard. As a result of the crash, he died from his injuries.
According to the APD, there was an approximate 28% increase in DWI-related incidents and deaths last year. In August of 2021, the DWI unit of the department ended up getting suspended due to budget cuts. Additionally, due to the ongoing COVID-19 pandemic, there also continues to be a backlog of cases that could also pose another issue, according to Travis County Senior Judge Jon Wisser:
“In Travis County, it has taken between six and nine months to get that blood tested, and unless they ramp up the testing, capacity, or capability, things will slow up and cases will just linger longer.”
In terms of the “No Refusal” program itself, the Austin Transportation Department has set aside a total of $185,000 to help pay for it. Additionally, a spokesman for the Travis County Attorney’s Office has stated the following:
“Our office will process these arrests as we always have. We thank APD and Austin Transportation Department for their initiative to keep our roadways safe and preventing drunk drivers from getting on our roadways.”
A press release from APD Assistant Chief Robin Henderson also states the following:
“No Refusal is not about making as many arrests as we can. It’s a deterrent to keep impaired drivers off of Austin’s roadways, and keep the public safe. No Refusal ensures that we have solid blood alcohol content evidence in every DWI arrest and, as such, enhances the ability to prosecute drunk drivers.”