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A prosecutors association is endorsing a "no refusal policy" for drunk driving. The organization,
is pushing for electronic search warrants to forcibly take a sample of blood from a suspected drunk driver if he or she refuses to voluntarily provide a sample.
After the case of Missouri v. McNeely, the state must obtain a search warrant for any driver that refuses to voluntarily provide a sample of their blood for testing. Obtaining a search warrant involves going to a magistrate or judge. This takes time and is often impractical during a DUI or DWI investigation. Therefore, some prosecutors are calling for electronically obtained search warrants so that the process can be completed in less time.
While prosecutors and police in Fairfax County, Virginia must obtain the search warrant traditional way, DUI laws are becoming increasingly more aggressive and as technology advances so will the legal procedures and means by which evidence is collected.
If you have been charged with a DUI Refusal in Fairfax, feel free to call our office and schedule a consultation to discuss how DUI and Refusal laws work in Fairfax.