Tampa DUI Attorney Jeff Paulk Featured on ABC and Fox News to Discuss “No Refusal” Initiative

Jan. 3, 2011 - PRLog -- “No Refusal” checkpoints are becoming more common in the state of Florida. Tampa DUI and criminal defense lawyer Jeff Paulk has been called upon by the local news to weigh his opinion of the potential consequences. Featured on both ABC News and Fox 13 News, Tampa DUI http://www.duiattorneystampabay.com/ Attorney Jeff Paulk has helped to shed light on the contentious issue of “No Refusal” Program.

When a law enforcement officer suspects a driver of driving under the influence (DUI), the officer may ask the individual to take a breathalyzer test or to complete a field sobriety test. Both tests are optional, since removing the option would be a violation of the individual’s right to privacy, right against unlawful search and seizure and right to due process. The refusal, however, is not without administrative penalties; if not contested, it will result in at least a one year driver’s license suspension. Many people still choose the latter option, despite the consequences. In Florida, it is estimated that as many as 40% of those who are suspected by police of drunk driving refuse to take the test.

Tampa’s No Refusal http://www.duiattorneystampabay.com/DUI/No_Refusal_Progra... Program began as a way to curb drunk driving during popular holidays in which accidents and injuries drastically increased. This program does not actually erase the ability to refuse; it merely adds a judge to the scene who then issues a warrant for a blood test in order to determine blood alcohol concentration. The warrant is necessary, as previous decisions by the Supreme Court have stated that blood tests require reasonable suspicion or probable cause. Many counties are now extending the “No Refusal” program beyond holidays to everyday life.

Given his expertise on the subject, it is unsurprising that Attorney Paulk was asked to explain some of the consequences of this program on the news. While its constitutionality may be fought in higher courts, there may be other practical consequences as well. Despite its best intentions, it may actually decrease the amount of DUI convictions, as the possibility of constitutional violations may allow a case to be dismissed or dropped before trial, and juries may be loath to convict someone whom they believe was arrested unfairly.

Contact a Tampa http://www.duiattorneystampabay.com/ DUI Lawyer at Thomas & Paulk, P.A.

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Thomas & Paulk is a criminal defense law firm protecting the rights of the accused in Tampa, Florida.