Are ‘No Refusal’ DUI checkpoints legal?

Earlier this month, the state highway patrol and local law enforcement officers conducted a “No Refusal Weekend,” in which motorists who were suspected of driving impaired and refused sobriety tests could be ordered by a judge to submit to a blood test.

The blood test was done by a registered nurse on call at the jail after the judge, who has been notified beforehand of the initiative, determines that there was probable cause to believe the driver was impaired.

But a local attorney says the process is nothing more than a way to circumvent state law.

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