‘No refusal’ better for DUI enforcement?

According to an article written by Kristin Wright of FoxNewsTampabay, 15 people lost their lives between October 1st 2010 and mid-November 2010 in Tampa.  According to Linda Unfried President of MADD “That’s epidemic levels”.

Linda Unfried, president of Mothers Against Drunk Driving of Hillsborough County said some drunk drivers are getting away with it by refusing to submit to breathalyzer tests when pulled over. It is their legal right.

“It’s just a matter of time before they kill someone,” said Unfried.

A significant number of suspected drunk drivers refuse breath tests in many states. In Florida, 40 percent won’t blow. In Louisiana, it’s 39 percent.  In New Hampshire, an extraordinary 81 percent of suspected drunk drivers refuse. That’s all according to the National Highway Traffic Safety Board.

Some states and counties in Florida have adopted a “no refusal” strategy. That means police can obtain warrants from on-call judges to take blood samples from suspected drunk drivers who refuse to submit to breathalyzer tests. In some instances, judges would be present at DUI checkpoints.

Many in the legal community expect this issue to eventually be addressed by the Florida Supreme Court.  These new rules are in effect in some, but not all counties in Florida.   While the constitutionality of these rules are being called into question, many people are confident that these new rules could prevent drivers from driving while under the influence-and that means less people injured by drunk drivers.   In personal injury cases, blood samples could become essential evidence in a case against a drunk driver.

The law firm of Perenich, Caulfield, Avril & Noyes would like to remind drivers to drive safe this year. If you are ever hurt in an auto accident due to a drunk driver, call Perenich, Caulfield, Avril & Noyes for a FREE consultation.

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