What Are “No Refusal” DUI Checkpoints?
In November of 2014, several Missouri law enforcement agencies conducted one of the first “no refusal” DUI checkpoints in the state. The operation netted a dozen drivers for DUI. Law enforcement agencies have been using checkpoints for years. However, this checkpoint was different because of its “no refusal” policy.
Advice From a DUI Lawyer
If a suspected drunk driver refuses to take a breathalyzer test, the police must obtain a warrant for a blood test. The police coordinate with judges or prosecutors in advance so that they can be reached by telephone upon a refusal to take a breath test. In some situations, a nurse is present to draw the blood. Elsewhere the suspect may be taken to the jail for the test. Stories of restraint chairs being used are rampant.
As a DUI lawyer, there are many issues with this “no refusal” policy. While any DUI lawyer would agree that drunk driving causes multiple tragedies every year, the legality of forcing someone to submit to a blood test on the spot is troubling at best. The Fourth Amendment rights of any American citizen may be violated by this policy. A DUI lawyer would be forced to argue against the propriety and legality of this search in the aftermath of an arrest at a no refusal checkpoint.
Missouri has an implied consent law stating that anyone arrested on suspicion of DUI implies their consent to blood alcohol content testing of the urine, breath or blood. Police have the option of choosing which tests to give, and they may choose to test by two different methods, but no more. Ordinarily, drivers can refuse to submit to testing, at which time they are granted an opportunity to consult with their DUI lawyer. However, in a no refusal situation, the driver is given no choice to talk to a DUI lawyer before the test is conducted.
Get the Defense You Deserve
If you were arrested at a no refusal checkpoint, contact a DUI lawyer today for a consultation. The O’Connor Law Firm has the know-how to get you the results you deserve. Matthew J. O’Connor has been recognized as one of the top 100 trial lawyers in the U.S and he can help to make sure you’re protected. Call (816) 842-1111 to set up a consultation.