Why is no refusal legal

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Subscribe to this entry Bookmark. Secondly, you can refuse a sobriety test without consequence if you are not under arrest. Resisting a blood test after a warrant could lead to additional criminal charges. Judges are on call to review affidavits for warrants during the late-night hours when DWI arrests usually occur. Nurses are available at the station to draw blood samples.

They are trying to deter people from driving drunk or under the influence of drugs during times of the year when DWI arrests are most prevalent. Many people celebrate holidays by drinking alcohol at parties, followed by driving themselves home.

This is because breathalyzers are routinely unreliable and your BAC could appear higher than it is. However, things have changed thanks to a new trend sweeping the nation: No Refusal Weekends. If you refuse to submit to a breath test, the police can force you to submit to a blood test. If the judge says there is probable cause, a search warrant will be executed right away and the police will take blood.

This makes it a lot harder to decide how to respond when asked to take a breath test. It also makes it more important than ever for you to contact a New Orleans DWI law firm as soon as possible when suspected of a drunk driving offense, so your lawyer can try to safeguard your rights as much as possible.

Unfortunately, the very fact of being forced to submit to a blood test can be a tremendous violation of your freedom. As Salon reports, there is a lot of criticism of no refusal weekends and there are some valid arguments that the law violates your constitutional rights.

You have, for example:. Many people do not realize they still have the right to refuse a blood test so they opt to not drink and drive.

Despite not being an accurate description of what law enforcement can and cannot do during a given time, the public tends to take extra precautions and avoid breaking the law. To read more about the rights you are guaranteed while under arrest, check out this information from Nolo.

If you are arrested during a No Refusal Weekend, the best thing you can do is contact an experienced criminal defense attorney right away. This ensures the circumstances of your arrest will be evaluated by someone who understands the laws regarding traffic stops and that your rights will not be further violated during the judicial process. The information contained on this site is for general informational purposes only.

The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a Houston criminal defense attorney for advice regarding your own individual situation. Please contact Gary Tabakman at to schedule a free initial consultation and case evaluation. Because Results Matter.