When Just Saying No Doesn t Matter: No Refusal. Warren Diepraam Montgomery County DAO Vehicular Crimes Chief

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Violet Shaw
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1 When Just Saying No Doesn t Matter: No Refusal Warren Diepraam Montgomery County DAO Vehicular Crimes Chief warren.diepraam@mctx.org

2 Why do we need No Refusal? Traffic deaths are not declining like they should Refusal rates are the same with defense lawyers advising people to refuse Cases get reduced or dismissed Trial conviction rate is low We don t know what other drugs are on board People have difficulties with breath testing Some people may actually be innocent The CSI Effect

3 Why do we need No Refusal? DWI Alcohol Deaths DWI Alcohol Deaths Traffic deaths are not declining like they should

4 Why do we need No Refusal? Refusal Rates RI NH MA LA TX Refusal Rates Refusal rates are the same with defense lawyers advising people to refuse

5 Why do we need No Refusal? Selected Dismissal Rates TX NM NC Selected Dismissal Rates Cases get reduced or dismissed

6 Why do we need No Refusal? Trial conviction rate is low

7 Why do we need No Refusal? We don t know what drugs are on board?

8 Why do we need No Refusal? People have difficulty with breath testing!

9 Why do we need No Refusal? Some people may actually be innocent!

10 Why do we need No Refusal? The CSI Effect!

11 Blood is the Future

12 What is a No Refusal? In most states, a suspect may not have the right to refuse due to implied consent laws

13 What is a No Refusal? In most states, a suspect may not have the right to refuse due to implied consent laws However, in almost as many states, the suspect has the ability to refuse a breath or blood test

14 What is a No Refusal? In most states, a suspect may not have the right to refuse due to implied consent laws However, in almost as many states, the suspect has the ability to refuse a breath or blood test Some states criminalize refusals; but most do not, leaving the prosecutor to handle a case with no scientific evidence

15 What is a No Refusal? A No Refusal program will take away the suspect s ability to refuse to provide evidence

16 What is a No Refusal? A No Refusal program will take away the suspect s ability to refuse to provide evidence During No Refusal, police, prosecutors, nurses, and judges work to review refusal DWI cases for probable cause to obtain a warrant

17 What is a No Refusal? A No Refusal program will take away the suspect s ability to refuse to provide evidence During No Refusal, police, prosecutors, nurses, and judges work to review refusal DWI cases for probable cause to obtain a warrant All aspects of the criminal justice field coordinate to ensure scientific evidence is obtained in all DWI cases

18 Funding a No Refusal Volunteer prosecutors, police, judges, etc. DA discretionary funds: asset forfeiture DA or police budgets TXDOT grant funding

19 Staffing a No Refusal Phlebotomist Prosecutor Judge Police officer Ideally should be: SFST instructor, breath test operator, DRE instructor, and phlebotomist No Refusal coordinator Victim s advocate

20 No Refusal Timeline

21 No Refusal Benefits Save agency money in the long run Provide solid evidence of alcohol impairment AND DRUG IMPAIRMENT AND INNOCENCE Cut down drastically on the number of DWIs Put officers back on the street faster Cut down on officer s court time Receive significant publicity It will save lives

No Refusal Ancillary Benefits Media coverage increase

each other more The medical community becomes more

warrants are less likely to result in suppressions

22 No Refusal Ancillary Benefits Media coverage increase and DWI decrease Prosecutors and police understand each other more The medical community becomes more helpful with felony or mandatory blood draws Search warrants are less likely to result in suppressions More informed judicial decisions on interlocks and probation

23 How to Conduct a No Refusal?

24 DWI Fatality Cases Filed 14 Includes Felony Murder DWI# Includes Felony Murder DWI# State has seen an increase of approximately 20% in DWI fatalities from * * WSJ

25 MCDA TXDOT Refusal Rates Average Pre-No Refusal No Refusal Regular 2011 NO REFUSAL AVERAGE: 28% 2011 REGULAR AVERAGE: 45%

26 Misdemeanor DWI Trials Jury Conviction Rates DWIs No Refusal

27 No Refusal Results Elsewhere Nation s first statewide No Refusal About 700 agencies including DPS and TPW About 2000 DWI arrests DWI fatalities drop 50% Refusal rate drops from 45% to 25% Other areas: Rio Grande Valley, Ft. Worth, Austin, North Texas Other states Louisiana, Illinois, Missouri, Kansas, Oklahoma, Florida, etc.

Problems Encountered Legislative hurdles Many states limit the police in DWI cases Lack of volunteer judges or inability to pay judges Lack of

28 Problems Encountered Legislative hurdles Many states limit the police in DWI cases Lack of volunteer judges or inability to pay judges Lack of initiative from police, prosecutors, judges, etc. Lack of funding and supplies Follow up in the courts: Blood results often trigger interlock statutes

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