What Is A No Refusal DUI Blood Test?

No RefusalNo refusal DUI blood tests? Unless you have been hiding under a rock, you have certainly been exposed to information explaining the dangers associated with drinking and driving. In the past few decades, drunk driving enforcement has become much more aggressive and the associated penalties have grown increasingly severe. In California, being caught driving under the influence of alcohol (DUI) or drugs can result in probation, significant fines, mandatory counseling, the loss of driving privileges, the installation of an ignition interlock device, and even jail time. Consequently, it is extremely important for anyone facing accusations of driving while drunk to retain a DUI defense attorney in order to present the strongest legal defense possible.

Constitutional Rights

We all have rights that are guaranteed by the Constitution of the United States. One right that is often at issue when a person is suspected of having committed a crime is the right to be free from unreasonable search and seizure. Granted by the 4th Amendment to the Constitution, this right limits the actions that law enforcement can take when investigating a crime. These principles apply to traffic stops as well other types of crimes, and over the years courts have developed a significant body of law as to what a law enforcement officer can and cannot do when investigating a motorist suspected of drunk driving.

Generally, law enforcement needs a warrant to conduct a search or seizure, including the sampling of bodily fluids. Recently, the Supreme Court decided Missouri v. McNeely, in which it determined that law enforcement may not compel a warrantless blood draw of an individual suspected of drunk driving based on an exception to the warrant requirement that allowed for police to gather evidence if it was in danger of being destroyed. In that case, the state of Missouri unsuccessfully argued that the dissipation of alcohol in the blood was akin to the destruction of evidence.

No Refusal DUI Blood Test Weekends

In an effort to comply with this decision but still compel blood samples from people suspected of drunk driving, several jurisdictions around the country have implemented “no-refusal weekends,” in which law enforcement requests warrants from on-call judges or magistrates often by phone in order to legally compel a suspect to submit to a blood test. If a person attempts to refuse, they will be forcibly restrained in order to obtain the sample.

For example, the Austin American-Statesman reports on its website that Austin police made 46 DWI arrests on its “Fourth of July no-refusal weekend,” with 17 warrants being obtained for blood tests.

There are many ways that an experienced attorney can defend against allegations of driving under the influence of alcohol, even if a blood test was administered. The best way to ensure that you present the strongest legal defense possible is to discuss your case with an attorney as soon as possible.

Contact a DUI Defense Attorney Today

If you have been arrested on suspicion of a Sonoma County DUI, a Mendocino County DUI or a Lake County DUI, your first step should be to contact an experienced California DUI defense attorney as soon as possible. An attorney will examine the circumstances surrounding your traffic stop and arrest and will stand up for your rights, both with the law enforcement officers and in court. The experienced attorneys at Beck Law P.C. know how to aggressively defend DUI charges to limit the consequences you may face. Please call us today for assistance and to discuss your DUI case.

Disclaimer

The information on this website should not be considered to be legal advice, nor construed to be the formation of any manner of attorney client relationship. Prior to taking any form of legal action, please consult with an attorney experienced in the appropriate area of law germane to your situation. Case results and any blogs, reviews, news or testimonials presented on www.duibecklaw.com or any of its related websites are germane to the facts present for each individual case and is not a promise of similar outcomes for any other cases. This website is not intended to solicit clients for matters outside of the State of California. by Attorney Daniel B. Beck