CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, August 21, 2014

"What Is a DUI 'No Refusal' Weekend?"

From FindLaw:

Typically, a DUI stop may include an officer administering a series of field sobriety tests followed by a breath test to measure a driver's blood alcohol concentration (BAC) if the officer suspects the driver is under the influence of alcohol.

However, some drivers may refuse to undergo the test, opting instead to take the penalty for refusing to submit to a BAC test, which in many states includes an automatic loss of driver's license. That's where the "No Refusal" Weekend program comes into play.

During a DUI "No Refusal" Weekend, law enforcement will require drivers who refuse breath tests to submit instead to a more intrusive blood test -- in essence, eliminating their ability to refuse to have their BAC measured. How does this work?

. . .

According to NHTSA, the "No Refusal" Weekend program works by facilitating the availability of judges and magistrates to speedily sign warrants, allowing for the blood draws to occur.

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