Agencies increase no refusal, DWI enforcement through New Year

Law enforcement agencies will increase no refusal operations and drunk-driving enforcement throughout Montgomery County until Jan. 2, according to the District Attorney's Office.

The campaign kicked off Wednesday in an effort to prevent traffic-related crashes and deaths. During this time period, the DA's Office, through its No Refusal TxDOT Grant, will provide nurses, prosecutors, investigators and judges at various locations throughout the county to assist law enforcement in obtaining blood evidence in cases were a driver suspected of driving while intoxicated refuses to provide a scientific sample.

Since 2010, there have been 172 DWI fatalities in Montgomery County, according to the DA's Office.

In 2015, about 280 of the 624 crashes (45 percent) in Montgomery County involved a drunk driver, according to Assistant District Attorney Tyler Dunman, who said the enforcement operations led to 272 DWI arrests from Thanksgiving 2015 through New Year's 2016.

"Ultimately our goal with this DWI campaign is to encourage people to find a safe and sober way home from wherever they are at," he said. "We are hoping to not make any DWI arrests because people have designated drivers, have taken uber or a cab to get home safely so they are not driving intoxicated and endangering other people."

While Montgomery County saw an increase in intoxicated manslaughter charges in 2012, Dunman said that number has since dropped and remains consistent year to year. However, he said the number of DWI fatalities per capita remains higher than the rest of the state.

"Although we are not seeing the levels jump excessively from year to year, we still see the levels are higher than the state average," Dunman said. "Frankly, that's quite scary for Montgomery County."

Dunman thinks an increase in population growth over the past 10 years has made it difficult for law enforcement resources to keep up, which along with road infrastructure such as two-lane roads, he said may be a contributing factor to Montgomery County's numbers. But ultimately, he said there are people who have a mindset they can visit and drive without any consequence.

THE No-Refusal PROCESS

The process: 1) an officer makes a DWI arrest and asks the suspect for a breath or blood sample; 2) if the suspect refuses, the officer then meets with a prosecutor who drafts a search warrant for the suspect's blood; 3) the warrant is sent to an on-call judge who will review the warrant for probable cause; 4) if probable cause is found, a nurse will then take a sample of the DWI suspect's blood.

"These No Refusal Operations ensure that scientific evidence is obtained in all DWI cases and provides the prosecution with strong evidence of guilt or innocence," the DA's Office stated. "Many Montgomery County law enforcement agencies have committed to increasing the number of officers on the streets to catch as many impaired drivers as possible."

Some of the participating agencies include: Conroe Police Department, Magnolia Police Department, Willis Police Department, Montgomery County District Attorney's Office, Department of Public Safety, Montgomery County Sheriff's Office, Precinct 4 Constable's Office and Roman Forest Police Department.

Regional DWI Task Force

The Houston-Galveston Area Council stated it is beginning the third year of its Regional DWI Task Force, which consists of 12 law enforcement agencies throughout the Houston-Galveston area. The DWI Task Force also will be operating throughout the Thanksgiving holiday to reduce DWI instances.

The Task Force is funded through a Selective Traffic Enforcement Program grant awarded by the Texas Department of Transportation, providing overtime funds for agencies to provide enhanced DWI enforcement during holiday weekends when there has traditionally been more alcohol-related traffic incidents. Since its inception in 2012, the Task Force has made 986 DWI arrests, according to H-GAC.

Convicted first-time DWI offenders can pay a fine up to $2,000, serve six months in jail, lose their driver's license for up to a year and pay an additional $3,000 to retain their license once they get it back. Safety officials say other costs associated with an impaired driving arrest and conviction can add up to more than $17,000 for bail, legal fees, court appearances, court-ordered classes, vehicle insurance increases and other expenses, according to information from H-GAC.

In 2014, 333 people died in DWI-related incidents throughout the region, which represents 54 percent of the region's motor-vehicle fatalities, H-GAC stated according to the National Highway Traffic Safety Administration.

"Thanks to our partnership with these participating law enforcement agencies, we hope to ensure that everyone can enjoy a safe holiday," said Jeff Kaufmanof the H-GAC.

Montgomery County by the Numbers (2010 to 2015):

Most DWI-related crashes occurred between 2 a.m. and 3 a.m. Sundays.

In 2015, 280 of 624 crashes were DWI related in Montgomery County, compared with 39 percent statewide.

74 percent of DWI crashes occurred in rural, unincorporated areas of Montgomery County.

58 percent of DWI crashes in Montgomery County are single-vehicle crashes, meaning only the drunk driver's vehicle was involved.

Since 2010, there have been 172 DWI fatalities in Montgomery County.

The average BAC for a DWI offender in Montgomery County is .172, more than twice the legal limit of .08.