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.