A “no refusal” blood draw checkpoint is coming to another state. Today, in Clark County, Ohio, there will be a planned “no refusal” checkpoint. What makes this checkpoint interesting is that this one will pull drivers over, and they will potentially have their blood tested to see if it contains alcohol or drugs.
As reported by ABC 22, the task force states that a “No Refusal Checkpoint” means that every car will be checked to ensure that drivers are not impaired. If there is sufficient probable cause to believe that a driver is operating a vehicle while impaired, law enforcement will seek a blood search warrant from a “neutral and detached magistrate.”
Once a search warrant is issued a nurse will draw the blood, though it is not specified whether this will take place on the side of the road or in a nearby facility. The time and place of the checkpoint has not been made public as of yet and will be revealed on October 24th.
Is this a clear violation of our 4th Amendment right? Would this not be considered “unreasonable search and seizure”? One would think this would fall under that category; however, in 2005, the Supreme Court ruled that it is not unconstitutional for state workers to hold down and draw blood from people who refuse to consent to the test. The ruling was backed up in January of 2013, and a warrant must be acquired before the test can be done; although, in an “emergency” situation, the police can forgo the formality.
Here are two other examples of no refusal blood draw test for ‘suspected’ DUI.
I am all for having our roads safe for all of us to travel, but at what cost? It has been a practice for many years in other states to have blood drawn from commuters who are suspected of driving under the influence, but what happens if any of us refuse? What about our rights to travel freely without being stopped and searched?
Now, if a person is suspected to be driving under the influence we have laws on the books that will take care of the offender, but is forcing drivers who have committed no crime to be pulled over and investigated without probable cause the answer?