Over the past year some states pushed for what’s referred to as “no refusal” DUI stops. But what is a “no refusal” DUI stop and does the National Highway Traffic Safety Administration support it?
Suspicion of DUI
When a person is stopped for suspicion of DUI, an officer will usually administer a group of field sobriety tests (“FSTs”). This is followed with a breathalyzer test that measures blood alcohol concentration (“BAC”) in the driver’s blood. A driver is allowed to refuse field sobriety tests on the grounds that the officer needs a warrant to perform them. However, the penalty for refusing them is usually an automatic suspension of their driver’s license.
Weekend of “No Refusal”
During “No Refusal” Weekends, police officers can require drivers who refuse to take a breathalyzer test to submit to blood tests. This essentially eliminates their option to refuse having their blood alcohol content measured.
Is a “No Refusal” Weekend Legal?
During “No Refusal” Weekends, judges would be on call in order to issue warrants using a smartphone or vi computer if a driver refuses. The NHTSA believes this program will help facilitate judges’ and magistrates’ availability to quickly issue warrants for officers to administer blood tests.
A driver can still refuse the blood test, but under this program they will be in violation of a judge’s issued warrant, which can lead to other serious criminal charges, including contempt of court.
If you’ve been arrested for DUI it can carry serious consequences consisting of fines and possible time in jail. You need the expertise of a DUI attorney such as Sevens Legal, APC. Contact Sevens Legal, APC, today for a free consultation.
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