No Refusal Weekends: How Police Can Force You to Take a Breathalyzer Test

Holidays are meant for celebrations, not for getting caught up in legal trouble. But imagine this: you’re driving home after a relaxing evening when a police car pulls you over. The officer asks you to take a breathalyzer test, but you refuse, confident that you have the right to do so.

However, a judge quickly approves a warrant for the test, and you’re forced to comply. This is what happens during a no refusal weekend, where police have a quick way to get a judge’s approval for a DUI test, even if you don’t want to take one. In these cases, your rights might not carry as much weight.

While you can usually refuse a breathalyzer test on regular weekends, no refusal weekends make things more complicated. During these special times, if you refuse a test, you can face serious consequences, like obstruction of justice charges.

In these situations, the police streamline the process to get warrants fast. Officers can request one electronically while still on the scene, and judges are available around the clock to approve these requests, especially during busy holiday periods.

Virginia lawyer Andrew Flusche points out that refusing a test doesn’t let you off the hook: “Refusing doesn’t get you out of trouble, he says. States like Texas and Tennessee promote these weekends heavily, while places like Arizona apply similar rules year-round.

If you’re ever pulled over, it’s important to stay calm and know your rights. Only give the police your basic information: your license, registration, and proof of insurance. Flusche advises, Be polite but firm. You don’t have to explain where you’ve been or what you’ve had to drink.

However, don’t think you can outsmart the system. If you’re asked to take a test, understand that refusing might only lead to a warrant. In these situations, staying silent can be your best option.

The goal of no refusal weekends is to make roads safer, but they can be risky for drivers who don’t understand their rights. So, before going out during the holidays, be familiar with your local DUI laws. If you’re unsure during a stop, Flusche’s advice is clear: Call a lawyer. It could save you a lot of legal trouble.

Leave a Comment