In a growing number of counties in Florida, just in time for this coming new year’s eve, motorists may be subjected to a new and rapidly growing DUI deterrent described as “No Refusal Checkpoints.”
No Refusal Checkpoints work like the normal DUI checkpoints that are currently used throughout the state. However, the main difference for the “no refusal” is that if a motorists decides to refuse to take a breathalyzer test at a sobriety checkpoint, there will actually be a local Judge on-site that may sign a warrant forcing the motorist to submit to testing. Depending on the circumstances the warrant could require breathalyzer testing or blood sampling.
The goal behind these No Refusal Checkpoints is to detour those accused of DUI to refuse to take the breathalyzer test in hopes that charge would be dismissed or otherwise reduced for lack of evidence.
Critics question whether these potential “on-the-spot warrants” violate an individuals Fourth Amendment which protects against governmental intrusion an individual’s personal life. The issue being whether the refusal to submit to breathalyzer or blood test alone, with no other evidence of intoxication, provides the necessary probable cause for a judge to issue the requisite warrant.
