'No Refusal' DUI checkpoints raise questions

JACKSON, Miss. — During this month's "No Refusal Weekend" in Mississippi, motorists who were suspected of driving impaired and refused sobriety tests could be ordered to submit to blood tests.

The blood tests were done by registered nurses on call at the jails after judges, who were notified beforehand of the initiative, determined that there was probable cause to believe drivers were impaired.

However, a Jackson, Miss., attorney says the process is nothing more than a way to circumvent state law.

"Search warrants are not supposed to be mass-produced stuff," said Kevin Camp, a criminal defense attorney.

The "No Refusal" initiative is funded by a grant from the National Highway Traffic Safety Administration. According to the most recent data available on the agency's website, nine states — Arizona, Florida, Idaho, Illinois, Kansas, Louisiana, Missouri, Texas and Utah — conduct No Refusal initiatives.

Twenty-one other states have the necessary legal authority to implement the initiative.

According to the National Highway Traffic Safety Administration, 10,322 people were killed in alcohol-impaired-driving crashes in 2012. Those fatalities accounted for 31% of total motor vehicle traffic fatalities in the USA.

The No Refusal program is an attempt to get alcohol-impaired drivers off the road.

Johnny Poulos, director of public affairs for the Mississippi Highway Patrol, said there is not much difference between a "No Refusal" weekend and what takes place any day of the week.

"That officer has a legal avenue (of seeking a warrant from a judge) that they can take regardless of the 'No Refusal' weekend," said Poulos.

Under normal circumstances, however, the motorist is taken to a hospital for blood to be drawn if a judge issues a warrant for the test. During "No Refusal" weekends, a registered nurse is at a jail to draw blood on site.

Judges also are notified that the initiative is taking place and to expect a higher volume of calls.

Poulos said judges are always on call and available to issue warrants for blood tests, regardless of whether a "No Refusal" checkpoint is taking place.

Camp said he knows of judges and law enforcement organizations who have declined to take part in the initiative because of concerns over its legality.

Mississippi law dictates that if a person refuses to submit to a Breathalyzer test, "none shall be given," but that individual can be subjected to penalties such as suspension of a driver's license.

According to Camp's interpretation of the law, the "none" in "none shall be given" refers to all sobriety tests — breath, urine and blood.

The practice of obtaining warrants during these checkpoints "basically makes it so the whole refusal statute doesn't matter," Camp said.

Eight counties took part in Mississippi's "No Refusal" weekend Sept. 5 and 6. There were 152 DUI arrests made the first day and 31 blood samples taken in five counties. Thirteen of those samples were ordered.

Poulos said more "No Refusal" weekends will take place in the future.

"This is not to go out and harass people," Poulos said. "This is a safety initiative to bring attention to the fact lives are still being lost due to impaired driving."