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.
Search Warrants to Draw Blood in DUI Cases
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 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. Moreover, Fairfax County has greatly expedited the search warrant process. A search warrant for a forcible blood draw can be obtained in a very short period of time. If an officer obtains a warrant for a blood draw, they will not only take the blood sample, but also charge the suspect with refusal in addition to DUI.
Fairfax Virginia DUI & Refusal Lawyer
If you have been charged with a DUI and Refusal, feel free to call our office at 703-556-0004 or use the Contact Us page to schedule a consultation with a Fairfax Virginia DUI and Refusal Defense Lawyer to discuss how DUI and Refusal laws work.