"No Refusal" Checkpoints for New Years Eve and After
Posted By Tampa Criminal Defense Lawyer on Jan 3, 2011 1:17pm PST
Law enforcement officers have begun using "No Refusal" checkpoints and days during times of increased drunk driving: July 4th weekend, Thanksgiving and New Year's Eve are prominent examples of this.
Florida law enforcement officials have begun instituting more "No Refusal" checkpoints, thought their constitutionality is questionable. Whenever someone is pulled over for suspected drunk driving (DUI) or stopped at a checkpoint, he or she has the right refuse a breathalyzer test. This right, however, comes at the expense of an administrative penalty, license suspension for up to a year. As many as 40% of people who are stopped for DUI refuse the breathalyzer test.
Now, though, these "No Refusal" checkpoints may become standard. While technically the suspect may refuse, a judge will now be present who will issue a warrant for a blood test to measure blood alcohol concentration (BAC). This is a highly contentious move that further erodes constitutional rights in regards to driving under the influence.
If you have been charged with drunk driving, contact a Tampa DUI Attorney at the firm today!