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Brown Co Officers to Pursue "No Refusal" on DUI Cases

By Greg Bebermeyer

10/03/2012

( KNZA )-- Several Brown County law enforcement agencies have agreed to adopt a policy that will utilize a “ no-refusal” search warrant on those suspected of drunk driving.

Brown County Attorney Kevin Hill says a recent change in state statute in Kansas opens the door to such a policy. During a law enforcement class last week, he says the Sheriff’s Department, Hiawatha and Horton Police Departments agreed to a set of protocol to be followed.

During a DUI stop, should the driver refuse a breath or blood test, Hill says the officer will be able to obtain a search warrant for a blood sample to be drawn on the driver....( play audio )

Hill says the officer, using a prepared search warrant application, would contact a judge, who would then issue the warrant for the blood to be drawn.

Hill says he believes it will provide another tool in combating drunk driving, explaining there’s about a three-hour time limit in which a blood test must be administered for the results to be effective in a conviction.

He said they had some cases in the past where they have requested and obtain a search warrant for individuals suspected of drunk driving..( play audio )

Currently, at least 30 states have legal authority in place to conduct no-refusal initiatives.

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