What Are “No Refusal” Blood-Draw DUI Checkpoints and How Can They Affect You?

Whether you have been drinking and driving or you are just tired, you always run the risk that you will be pulled over and forced to have your blood drawn.

No one wants an impaired driver to injure or kill after having a fun night out with friends and the “no refusal” blood draw looks like it could get these dangerous drinkers off the street. At a closer look it, this “knight in shiny armor” will reveal the armor is tarnished and has holes. How did it get to a point that we are so desperate to stop people from drinking and driving that we are willing to sign away our rights and our money?

It would be great if the drunk drivers were the only one forced to give blood to provide the necessary evidence for a conviction, but that is not always the case. Forced blood draws can affect anyone who shows the slightest impairment while behind the wheel.

Funding Blood Draws on the Field

In the past, it was expected that a registered nurse in a sterile environment would draw blood either with the suspects permission or after a warrant was issued. When done at the checkpoint, the following will be necessary:

• Offers that are properly trained to draw blood
• Judges or judicial assistant available to issue warrants
• Equipment to provide a sterile environment and transport sample safely

None of the people involved will be providing these services freely. The training, supplies, and salaries costs will need to be paid by someone. At the introduction of the program, the National Highway Traffic Safety Administration will fund it. At some point, the costs of these programs will need another source. With the scarcity of funds for current law enforcement needs and road repairs, it is hard not to wonder what service cuts will occur that will affect the many non-drinking drivers on the roadways.

Legality of Being Forced to Have Blood Drawn

There are states that refuse to set up “No Refusal” checkpoints because of the questionable legality of the initiative. Some of the states that are not concerned about the legal backlash include the following:

  • Arizona
  • Illinois
  • Florida
  • Idaho
  • Texas
  • Louisiana
  • Missouri
  • Utah
  • Kansas

For those who don’t want to do a breathalyzer test a “no refusal” blood sample can be forcibly drawn after a quick call to a judge or the judge’s assistant. Once this “instant” warrant is obtained, the officer can forcibly get a blood sample.

Avoiding DUI Checkpoints

To avoid a checkpoint can be done by getting online, listening to the radio, or watching the news to know where the checkpoints will be and avoid the area. For those who don’t check where the checkpoints are because they don’t drink and drive, could still be required to give blood. Some of the symptoms that will cause an officer to request a blood draw includes the following:

• Red eyes
• Swerving
• Improperly using turn signals
• Breaking traffic laws

There are other reasons an officer can use to justify a warrant, which can subject those who just might be tired, distracted, overworked, or even sick to a mandatory blood draw. When facing the seriousness of the results of a blood sample taken without consent, many who have were forced to give blood seek a DUI attorney to represent them in court.