Operation No Refusal Holidays Has Begun

LIBERTY, December 18, 2007 - The cooperative effort between the Liberty County District Attorney’s Office, the Liberty County Attorney’s Office, area law enforcement agencies and MADD known as Operation No Refusal Holidays was begun in earnest at 9:00 p.m. on Friday, December 14, 2007.  The initial emphasis was from 9:00 p.m. on December 14 until 4:00 a.m. on December 15.  This initial emphasis entailed all participating law enforcement agencies providing increased patrols specifically looking for impaired drivers.  The command post for the initial emphasis was located at the Liberty County Sheriff’s Department.  District Attorney Mike Little, Assistant District Attorneys Joe Warren and Ragis Fontenot, Assistant County Attorney Gary Bunyard, Sheriff Greg Arthur, and Senior Victim Advocate for MADD (Mothers Against Drunk Driving) Kathy Bell-Schexnaider were all present at the command post for the entire night.  Dayton Police Chief Pete Douzat, Cleveland Police Chief Ike Hines, Precinct 1 Constable Tim Allison, and Narcotics Task Force Commander Kenny Weaver were personally on patrol during the no refusal emphasis and dropped by the command post as well.  A registered nurse was available to execute any blood search warrants.  All three judges in Liberty County who can sign blood search warrants, 75th District Court Judge C.T. “Rusty” Hight, County Court at Law Judge Don Taylor, and 253rd District Court Judge Chap Cain, had all been notified of the emphasis and had agreed upon various “shifts” so one or more judges could be available at all times.  MADD Victim Advocate Kathy Bell-Schexnaider provided pizza, cookies, and other goodies for the no refusal event participants.

Practically every participating law enforcement agency had extra patrolling officers on duty.  During the no refusal emphasis hours from 9:00 p.m. until 4:00 a.m., well over 100 stops were made by local law enforcement officers for a myriad of traffic violations.  Four drivers suspected of DWI were taken into custody.  Two of the drivers submitted to the arresting officer’s request for a breath sample.  Two others refused such a request and they were transported to the Liberty County Jail where staff members of the District Attorney’s Office and the County Attorney’s Office assisted the arresting officers in the preparation of the blood search warrant paperwork.  The search warrant affidavits were reviewed and the blood search warrants signed by County Court at Law Judge Don Taylor.  The registered nurse who was available at the command post executed the blood search warrants shortly after they were signed by Judge Taylor.  The no refusal emphasis continued and three impaired drivers were arrested the following evening as well.  All three refused to submit a breath sample and a blood search warrant was executed with respect to all three impaired drivers.  MADD (Mothers Against Drunk Driving), the Liberty County District Attorney’s Office, the Liberty County Attorney’s Office, and all participating law enforcement agencies want to remind the public that Operation No Refusal Holidays will continue throughout this holiday season.  Any driver who is suspected of DWI and who refuses to submit a requested breath or blood sample will be made the subject of a blood search warrant application.  Accordingly, the best course of action is to simply agree to provide a requested breath or blood sample when asked to do so by a peace officer.  Not only will the refusal to provide such a requested sample result in an extended suspension of the suspect’s driver license but such a refusal is pointless.  All refusals will result in a blood search warrant application.  Attorneys with the Liberty County District Attorney’s Office and the Liberty County Attorney’s Office are on call 24 hours a day, 7 days a week, in order to assist police officers with the blood search warrant paperwork.  District Judges Cain and Hight and County Court at Law Judge Taylor have all agreed to review such blood search warrants at any time, day or night.  All area hospitals have been very cooperative in executing the blood search warrants when qualified personnel are not available at the Liberty County Jail.

It is important for the public to know that Operation No Refusal Holidays is not in any way meant to harass the public.  In fact, it is our goal to keep the public safe. We hope that anyone who is impaired by alcohol or otherwise will choose not to drive.  But all of the participating partners in Operation No Refusal Holidays have seen firsthand the devastating consequences of DWI.  We  know that impaired drivers can cause injury, destruction, and even death in seconds. We want to do everything legally possible to insure that the roads and highways of Liberty County are safe.  We are hopeful that potential impaired drivers will think twice about getting behind the wheel of a vehicle after drinking or ingesting any other substance which impairs their mental or physical facilities.  However, if they make the wrong choice, we intend to be out in force in order to hold them strictly accountable for that choice.  A refusal to submit a breath or blood sample when requested is no longer a way to possibly beat a DWI.  Those days are over.  Operation No Refusal Holidays has begun.

Participating Agencies in

OPERATION NO REFUSAL HOLIDAYS

MADD (Mothers Against Drunk Driving)

Office of Liberty County District Attorney Mike Little

Office of Liberty County Attorney Jack Hartel

Liberty County Sheriff’s Department, Sheriff Greg Arthur

Cleveland Police Department, Chief Ike Hines

Daisetta Police Department, Chief Les Hulsey

Dayton Police Department, Chief Pete Douzat

Liberty Police Department, Chief Mike Cummings

Constable’s Office, Precinct 1, Constable Tim Allison

Constable’s Office, Precinct 6, Constable Royce Wheeler

Texas Department of Public Safety, Highway Patrol

Narcotics Task Force of Liberty and Chambers Counties

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