The No Refusal Weekend is a federally created program that is expanding all across the nation. Under this policy the police will apply for a warrant to forcibly draw your blood if you exercise your right to refuse to a Mandatory Breath Test in Illinois. Carbondale, IL DUI lawyer Brian Roberts wants you to understand what the No Refusal Weekend policy is, and how you can protect yourself if you are under investigation for a DUI in Illinois.
Under Illinois law you have the right to refuse even the mandatory DUI breath test. When you do the police may, however, ask for a warrant to draw your blood and have it tested for alcohol content. If this happens your refusal may still result in a DUI refusal suspension or revocation of your driver’s license even though the police ultimately obtained your blood sample.
The No Refusal Weekend policy is being pushed by the federal government and other organizations that have an increasingly aggressive agenda to eliminate your right to consume any amount of alcohol and then drive a vehicle. Consuming alcohol in reasonable amounts does not mean you are intoxicated. Yet, by imposing lower BAC standards and creating policies that invalidate your right to refuse voluntary police searches, these groups have an agenda that poses a danger to the civil rights we have traditionally enjoyed.
If you have been arrested for a DUI in Illinois and refused the Illinois breath test or the blood test, and the officer then notifies you that he has a warrant to draw your blood, then you should not refuse to provide a sample. If the officer has a warrant you must allow whomever he designates to draw a sample of your blood. If you refuse the officer has the right to hold you down while your blood is drawn. In this case you will likely face additional charges.
It is currently up to each county whether to participate in the No Refusal Weekend agenda. Just like in all other areas of a DUI in Illinois it is wise for you to be educated about your rights before you are stopped for a DUI investigation. If you have been arrested, however, contact Carbondale, IL DUI lawyer Brian Roberts right now for a free, confidential case review.