Everyone always asks about No Refusal weekends. The big question is, "How
is it legal that the police can just take my blood without my consent?"
The answer, in simple terms, is a search warrant. Whenever the police
have reason to believe that evidence of a crime can be found at or in
a certain place, they can draft an affidavit, present that affidavit to
a judge and, if the judge believes the affidavit shows that evidence of
a crime will likely be located at or in the place alleged, the judge will
sign the warrant. Once the warrant is signed, the police can then search
the place mentioned in the warrant for the pieces of evidence that is
believed to be at or in said place.
On No Refusal weekends, after a person is arrested for
DWI, the police officer presents an affidavit to a judge alleging that evidence
of a crime can be located within the person's body. Specifically,
the affidavit alleges that a person has been driving while intoxicated
and that his blood will contain evidence for DWI (i.e. blood alcohol content
or BAC). The blood that contains this evidence is, of course, located
in that person's body. Therefore, once the judge signs the warrant
(commonly referred to as a "blood warrant"), the police officer
can literally have a person held down, against his will, and physically
take a blood specimen.
It's important to understand that a blood test over the legal limit
does not automatically mean a person is guilty of DWI. Blood tests are
not infallible and an experienced DWI attorney will know how to attack
the blood results. If you have a DWI with a blood test, do not feel like
your case is already lost. Visit an experienced DWI attorney immediately
and protect your rights and your record.