St. Louis Police Chief Sam Dotson, Fire Chief Dennis Jenkerson, and Circuit Attorney Jennifer Joyce announce that St. Louis will be implementing a "No Refusal" policy on Monday, December 30, 2013. Under the new policy the police will seek a search warrant draw blood to drives stop by the police who refuse sobriety test. According to the Circuit Attorney's press release, the warrant must be based on probable cause.
In the interview Joyce said a field sobriety can tell you that someone is impaired but it can't tell you that someone is above or below .08 blood alcohol concentration (BAC). Some of the records my be open to the public depending whether the case is open or close record case. In the interview, Dotson said a suspect should be able to view the warrant before the blood is drawn.
Examiner: How would a driver have access to the warrant being sought?
Joyce: When someone is charged, the driver will higher an attorney and the attorney will have access to all the materials.
Examiner: When you get a warrant, don't you have to show warrant before you search.
Dotson: Yes, we believe you have probable cause, we offer you a breathalyzer test. We obtain a warrant to obtain your blood. And we say we're going to give you one last chance to participate andy if you refuse you already know we have a search warrant to draw your blood.
Examiner: okay, may I see the warrant?
Dotson: Of course right here.
Examiner: So you'll have the warrant on sight?
Dotson: we physical or electronically get a search warrant that's been signed and approved by a judge.
None of the people mentioned cases where this where such policy was challenged and upheld in court. According to Findlaw.com, No Refusal policies have been challenged before. St. Louis is about to join other cities across America that implemented No Refusal policies. St. Louis will become the 4th city to implement a no refuse policy. Christian County, Buchanan County, and Platte City has already implemented such a policy. The Blaze reports that Louisiana has upheld "No Refuse" as constitutional, but it's readers oppose the practice as unconstitutional. When asked what happens if someone refuses the blood test, Joyce said if the blood test will put the driver and others in harms way, it will not be done.