“No Refusal” DUI Check Points Question Constitutionality of Forced Blood Tests

“No refusal” DUI checkpoints could be coming to Tampa

Adam Freeman|10NewsWTSP

Tampa, Florida– With New Year’s Eve only days away, the National Highway Traffic Safety Administration expects this to be one of the deadliest weeks of the year on the roads.

But now a new weapon is being used in the fight against drunk driving.

It’s a change that could make you more likely to be convicted.

“I think it’s a great deterrent for people,” said Linda Unfried, from Mother’s Against Drunk Driving in Hillsborough County.

Florida is among several states now holding what are called “no refusal” checkpoints.

It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test.

It’s already being done in several counties, and now Unfried is working to bring it to the Tampa Bay area.

“I think you’ll see the difference because people will not drink and drive. I truly believe that,” she said.

Not everyone is on board, though.

DUI defense attorney Kevin Hayslett sees the mandatory blood test as a violation of constitutional rights.

“It’s a slippery slope and it’s got to stop somewhere,” Hayslett explained, “what other misdemeanor offense do we have in the United States where the government can forcefully put a needle into your arm?”

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