Missouri’s “no-refusal” weekends are special enforcement periods that intend to crack down on drunk driving. During these periods, law enforcement agencies across the state intensify their efforts to catch and prosecute impaired drivers.
Understanding how these weekends work and knowing your rights can help you navigate this heightened enforcement period safely and legally.
What happens during a “no-refusal” weekend
During a “no-refusal” weekend, police officers have the authorization to conduct forced blood draws when suspected drunk drivers refuse to submit to a breath, blood, or urine test. This means that if an officer pulls you over and you refuse a chemical test, the police may obtain a warrant to draw your blood forcibly. The goal is to gather evidence of intoxication quickly and efficiently, making it harder for drivers to avoid DWI charges by simply refusing tests.
It’s important to note that despite the name, you still have the right to refuse a chemical test during these weekends. However, refusing will result in an automatic suspension of your driver’s license. Additionally, the police may seek a warrant for a blood draw, which could provide stronger evidence against you.
Protecting yourself during “no-refusal” weekends
The best way to avoid trouble during “no-refusal” weekends is to not drink and drive. However, if you find yourself pulled over, consider the following tips to protect your rights:
- Stay calm and polite: Being cooperative can help de-escalate the situation.
- Know your rights: You retain the right to remain silent and the right to refuse field sobriety tests.
- Be aware of the 15-minute observation period: Before a breath test, there should be a 15-minute observation period to ensure you don’t burp or regurgitate, which could affect the test results.
- Document everything: If possible, make mental notes of the encounter, including the officer’s behavior and any tests conducted.
- Consider the consequences: Refusing a test will lead to license suspension, but it may also prevent the collection of potentially incriminating evidence.
Remember, the police must have reasonable grounds to believe you’re under the influence before arresting you and requesting a chemical test. If you believe officers unfairly targeted you or didn’t follow proper procedures, document these concerns for potential use in your defense.