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What is a No Refusal DUI Checkpoint?

As the holiday season approaches, it is especially important for drivers to take care when driving after drinking alcohol with family and friends. The few glasses of wine you had with Thanksgiving dinner could have severe consequences, especially you run into a no refusal DUI checkpoints.

What is unique about a no refusal DUI checkpoint?

A no refusal DUI checkpoint has less restrictions than regular DUI checkpoints. Any motorist suspected of driving under the influence is required to submit to a field sobriety test or breath test. If the driver refuses, a blood test could be ordered on the spot. If a judge is aware of the checkpoint, and believes there is probable cause to indicate the driver was drunk, then a nurse at the jail will take the blood sample.

State law mandates that any person that refuses to have a sobriety test taken is legally not required to have one done unless a warrant is granted specifically for that purpose. These individuals may face other penalties, such as the suspension of a driver's license, but cannot be forced into a sobriety test. Florida is one of the states with the highest rates of breath test refusals.

What does a standard DUI procedure look like?

In standard DUI procedure, an officer can only bring a motorist suspected of being under the influence to a hospital for a blood draw if a judge grants a warrant for the blood sample. At no refusal DUI checkpoints, the judge is prepared to expect a high volume of calls concerning suspected drunk driving.

The No Refusal Checkpoint initiative is sponsored by a grant from the National Highway Traffic Safety Administration. Florida is one of nine states that supports the initiative.

No refusal DUI checkpoints are accused of violating a person's rights. It is a further concern that drivers will be coerced into taking breath tests when their only other option is an immediate blood draw at a jail.

If you have been charged with a DUI due to a stop at a no refusal DUI checkpoint, contact Thomas & Paulk today for a free consultation.

Tampa DUI Defense Attorney Thomas & Paulk, P.A. Attorneys at Law