APD extends No Refusal initiative year-round

The Austin Police Department is extending its no refusal initiative year-round in an effort to enforce DWI laws and help make Austin roadways and waterways safer.

Last year, an average of 89 Texans were killed every month in alcohol-related crashes.

"There isn't a day that goes by that we don't remember our sweet boy and all the good that he did in this world and the potential that he had to do in this world that was robbed from us because of the senseless act of just one person choosing to drive under the influence," Kendra Sellers said.

Sellers’ son, 22-year-old Case Clark, was killed by a drunk driver in 2021.

"Impaired driving is one of the top contributors to fatal and serious injury accidents in Austin on our roadways," APD Impaired Driving Investigations detective Jason Day said.

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TxDOT statistics show Austin had nearly 1,000 alcohol-related crashes last year. The Austin Police Department started a seven-day-a-week DWI no refusal initiative this summer in hopes to bring that number down.

"70% of our DWI has occurred during the time that we are running the No Refusal initiative. And so by extending it to every day of the week, we're able to get evidence that's valuable for the prosecution. For 30% more cases than we were able to do previously by just doing it on the weekends," Day said.

Austin police is extending the initiative year-round every day between 9 p.m. and 5 a.m.

"It takes programs such as this to hold those individuals that choose to drive impaired accountable," Austin Transportation and Public Works director Richard Mendoza said.

Instead of allowing someone to refuse a breathalyzer or blood sample, the case can be presented to a judge who is available 24/7 and can issue a warrant, and the person must provide a blood sample. This is one more piece of evidence that can be used against someone in court instead of just relying on a field sobriety test.

"It is more work," Day said.

A DWI expert will be at the jail to help officers process DWIs faster.

In August 2021, the APD DWI Unit was suspended because of staffing shortages. Officers were placed back on patrol.

"We really need to get people in the door, get new officers coming through to staff patrol so that we can start getting back to some of our proactive policing efforts," Day said.

Mendoza suggested using other options instead of driving, like bike shares, electric scooters, taxis, ride-shares, and the CapMetro bus. CapMetro’s night owl buses run from midnight to 3 a.m. Monday through Saturday. UT Austin and Austin Community College students with a valid ID can ride free and for others it’s $1.25.

Emma Dugas, from Mothers Against Drunk Driving, sent FOX 7 Austin a statement:

"These events are highly publicized, so the public and potential drunk drivers know that they can’t evade the consequences of drunk driving. When police departments implement no refusal strategies, a suspect’s due process rights are maintained, but the process is streamlined. The no-refusal model is effective for the same reasons as saturation patrols: they provide a high-visibility deterrent to drunk driving. Mothers Against Drunk Driving appreciates the Austin Police Department’s dedication to keeping our roads safe."