Controversy Surrounding "No Refusal" Policy for DUI Suspects

January 31, 2011

Controversy Surrounding "No Refusal" Policy for DUI Suspects

Traditionally on New Year's Eve partygoers like to have a champagne toast to ring in the next year. For many, celebrations and drinking with friends and family continue long into the evening.

In Utah, those individuals that were pulled over on New Year's Eve for suspicion of DUI were met with an unwelcome surprise: a "no refusal" policy.

According to statistics from the National Highway Traffic Safety Administration slightly over 20 percent of drunk driving suspects refuse to take breathalyzer tests.

A "no refusal" policy is where judges are on standby to issue warrants for blood draws if DUI suspects refuse breathalyzer tests. The tactic makes it easier for prosecutors to obtain and use blood tests as evidence of blood alcohol content in a DUI case. At least nine states, including Utah, have such initiatives in place.

Judges in Utah can now also send PDF e-warrants right to an officer's smart phone. Before paper warrants needed to be brought to a judge's home and the process could take hours. During this time the driver's blood alcohol content decreases, generally about .01 percent an hour.

Criticisms of the Policy

The ACLU is one of the main critics of "no refusal" policies. The executive director of the ACLU of Louisiana explained one of the concerns this way: "If they're [search warrants] being issued assembly-line style, there may not be the kind of individualized investigation in each particular case that's necessary for a valid search warrant."

Another concern has to do with medical privacy. What information is being disclosed along with the blood draw samples, and will further data will be gathered and stored?

Facing DUI Charges

If you have been charged with DUI contact an experienced criminal defense attorney. A lawyer can advise you about what actions would be in your best interests and advocate on your behalf.

Article provided by Law Office of Steven DuBreuil PLLC
Visit us at www.dubreuillawoffice.com