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Home  >  Law Library  >  Understanding “No Refusal” Policies

Understanding “No Refusal” Policies

In recent years, some states have begun using a controversial tactic to make more DUI arrests. Known as “no refusal weekends”, states have made it impossible to refuse a blood-alcohol content test during times which are associated with heavier drinking such as Halloween and New Year’s Eve. While law enforcement officials stand by the tactic as a sure way to curb drunk driving accidents, others question whether on-demand BAC test warrants violate an individual’s rights.

If you have been charged with a DUI during a no refusal weekend in Arizona, working with a skilled and experienced attorney who can help you fight these charges is of utmost importance. Contact an Arizona DUI defense lawyer of Thompson & Volquardsen, P.C., at 602-510-9999 for a free consultation.

Facts Regarding No Refusal

Here are some quick facts about no refusal weekends:

  • No refusal weekends involve law enforcement agents, judges, lab testers, and nurses (or qualified police officers) who draw blood to create an environment wherein anyone who is pulled over can be forced to submit to a blood test to determine their blood-alcohol content.
  • During no refusal weekends, judges are literally on call, waiting for law enforcement officials to request a warrant by phone to take a blood test.
  • No refusal plans circumvent the legal concept of implied consent which allows a person to refuse a blood test that would implicate them in a crime in return for certain penalties, such as driver’s license suspension.
  • When a warrant is issued, law enforcement officials are authorized to use force to obtain a blood sample.
  • There are at least 30 states with the legal ability to conduct no refusal weekends, however only a small number of these states use that ability.
  • Some areas are beginning to use no refusal plans every weekend, not just on holidays.

Contact Us

An Arizona DUI attorney of Thompson & Volquardsen, P.C., is passionately committed to helping people protect their rights and freedom when they are stopped at no refusal checkpoints. Contact us by calling 602-510-9999 to speak with an experienced attorney about your case.