Constitutional Law

Prosecutors and Judges to Join Police at DWI Checkpoints to Enforce New 'No Refusal' Law


In what is billed as a first-of-a-kind law enforcement effort in Jasper County, Mo., prosecutors and judges will be joining police at drunken-driving checkpoints, starting tonight, to enforce a new “no refusal” statute in the state.

If motorists who seem to be driving while intoxicated refuse to take a breath test, a warrant will issue on the spot authorizing a blood draw for a blood-alcohol test, according to KOAM.

The Columbia Daily Tribune says nine states including Missouri have such no-refusal initiatives. The others are Arizona, Florida, Idaho, Illinois, Kansas, Louisiana, Texas and Utah. The approach, which is encouraged by the U.S. Department of Transportation, apparently is a growing national trend.

KSPR says the new Missouri law authorizing no-refusal checkpoints has been in place since August.

A 2009 KTVI-TV article indicates the multiprofessional approach to deal with motorists who refuse breath tests was also tried in Missouri two years ago, in St. Charles City. A Missouri Department of Transportation grant covered the police overtime.

Related material:

ABAJournal.com: “Police in Fla. Town Use Email and Skype to Obtain Warrants While Still on the Scene”

Drinking Problem: “More States Exploring No Refusal Strategy for DUI Checkpoints”

Trueblood Law Group: “Florida’s “No Refusal” DUI Checkpoints and Your Constitutional Rights”

Total DUI: “ACLU Says Challenges to Ohio’s No Refusal Law Likely”

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