In 2012, nearly 1,100 people were killed in car accidents on Texas roadways involving a driver under the influence of alcohol, according to the Texas Department of Transportation.
To help decrease that number, police departments across the state often institute no-refusal policies during holiday periods. During such times, judges are on call to sign blood-draw warrants for drivers arrested on suspicion of drunk driving.
The Plano Police Department is working to eliminate drinking and driving in the city by utilizing a no-refusal policy.
However, some departments, such as Plano PD, have gone a step further and made the no-refusal policy permanent. The decision to use no-refusal tactics year-round came in mid-2012, but the department began the expanded policy in 2009 by having judges on call every weekend.
Now that the policy is in full effect, is it working? To answer this question, the Plano Star Courier looked at police records dating from 2007 to now.
The statistics show a correlation between the increased enforcement and a decrease in DWI arrests, but are unclear how the policy affected alcohol-related traffic accidents.
Arrests
In 2008, the year before the increased enforcement went into effect on weekends, 1,252 people were arrested for DWI or DUI in Plano. That number decreased slightly in 2009 to 1,235 arrests but decreased an average of 11 percent each year from 2010 to 2012.
Officer David Tilley said he believes the no-refusal policy serves as a strong deterrent to people who may consider drinking and driving in Plano.
"This is something that is important to our department and to our officers because our job is to protect the public," Tilley said. "Sometimes, unfortunately, that means protecting people from themselves. We are going to have additional officers out there on weekends doing DWI enforcement, and we are going to be arresting you if you have been drinking."
Accidents
In 2008, 212 alcohol-related accidents occurred, a number that decreased each year through 2011, when 174 occurred. The number of accidents rose to 248 in 2012 but is projected to decrease to 200 this year.
With no changes made to the department's accident reporting policy, Tilley said it is the belief of the department that the 2012 figure was an outlier and that the department's policies are working.
"That number was very much a concern," he said. "We looked at it and said, 'What did we do wrong?' We really didn't feel we did anything wrong, but we knew we could improve, and that is when we started trying to get more information out to the public."
Warrants
As expected, the number of blood draw warrants issued in 2012, the first year the policy was in effect year-round, increased; 258 warrants were issued last year, up from only 35 the year before. Through the first six months of this year, 169 warrants were signed by judges.
While getting a warrant may seem more complicated than conducting the standard field sobriety and breathalyzer tests, that is not typically the case, said Officer Mica Lunt, one of the department's DWI trainers. Lunt said drivers who refuse all tests are often easier for officers to deal with than those who don't.
"In the case of a total refusal, the officer makes a decision based on the driving that has led them to come in contact with the offender, the observations they make of the driver when they get to the vehicle, and the fact the person has refused the tests," Lunt said. "... If the officer believes the person is intoxicated, they simply make an arrest, take them to jail and apply for a search warrant."
The no-refusal policy has also proven popular with officers for a number of reasons, Lunt said. Chief among them is that it provides more evidence for the district attorney, which results in more cases pleading out rather than going to trial.
"That is good for officers in a number of ways since most of the officers who make these arrests work nights, and court happens during the day. When a case like that goes to trial, officers are up for more than 24 hours straight all the time," Lunt said, adding that officers who work nights are paid overtime if they must attend court during the day.
Since 2008, 504 blood-draw warrants were signed for Plano officers. In those cases, blood-alcohol results were available in 479 of them. Data from Plano PD shows that in these 479 incidents, the arrested person had a blood-alcohol content under the legal limit of 0.08 in only 15, or 3 percent, of the cases. The person's blood showed no alcohol in four of the 15.
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Source: Plano Courier (Conrad, 08/29)
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