No Refusal Targets Drunk Drivers Over Holiday Weekend

Montgomery County is among those increasing “No Refusal” patrols on both land and water this Memorial Day weekend.

No Refusal means judges will be on-call to sign probable cause warrants to draw blood of anyone suspected of drinking and driving, or drinking and boating this holiday weekend. 

Attorney Jamie Balagia, one of the DWI Dudes, disagrees with the law.

“What if we changed that around to say we have magistrates on standby to sign a warrant to authorize us to knock down your door and search your house?  The people would go nuts if they said that,” he says.

However, Balagia says there's really nothing a suspected drunk driver can do.

“The judges are going to approve these warrants no matter the amount of probable cause or not,” he says.  “I tell people don't take the field sobriety test and you really shouldn't answer questions, if they're going to get your blood, let them get your blood.”

Balagia says suspects still can refuse the court-ordered blood draw, but wars additional charges are possible.

“You can win the DWI, but get convicted of resisting the search,” he says.  “If you do not give consent, your lawyer can fight that later in court.  If there was not enough probably cause, he cand get the warrant suppressed and the blood suppressed.”

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