Memorial Day commemorates those who have dies serving the USA. For many, it’s also a three-day weekend to break out the barbecue and enjoy some time off with loved ones. But many police officers are working overtime to protect us from the spike in driving under the influence that many holidays bring. Some police departments even declare holidays “no refusal” weekends. But that name can be a bit misleading.

What is a “no refusal” weekend?

This is a clever bit of branding that many police departments use. It usually just means they have a judge on call all weekend to issue warrants over the phone. It doesn’t change whether you can refuse tests and searches–such as a roadside breathalyzer test.

How to handle a “no refusal” weekend traffic stop

So picture this. It’s Memorial Day weekend, and you’re driving back home after a long day at the beach with your family. Then you see blue lights in the rearview mirror. You dutifully pull over and the police officer asks if you’ve been drinking. They double-down and ask if you’d be willing to take a roadside breathalyzer test just to make sure.

You know you live in one of the 46 states where roadside breathalyzers aren’t required. And you know you can refuse a field sobriety test in all 50 states. So you politely decline. The officer counters: “Memorial Day is a ‘no-refusal’ weekend, so I have a judge on speed-dial who can issue a warrant immediately if you say ‘no.'”

You think, Wait, is the law different on Memorial Day? But the truth is, the law hasn’t changed one bit.

Your rights to refuse a roadside breathalyzer and a field sobriety test haven’t changed. In addition, if you say “no” the police officer will still need evidence to secure a warrant, detain you, and investigate you for drunk driving. That evidence could be you swerving, slurring your speech, or even leaving a bar. But remember: You don’t have to chat about where you’re coming from or volunteer to any roadside test to provide additional evidence.

What’s the point of a “no refusal” weekend?

The only real difference with a “no refusal” weekend may be that a judge somewhere is sleeping with a pager on their bedside table. Why? So a drunk driver can’t slow the investigation down in hopes of “sobering up” just by holding out for a warrant. That’s because a digital warrant could arrive in moments.

“No refusal” weekends are just one more tool departments have to catch drunk drivers and keep the rest of us safe. If you drive sober and remember your rights, a “no refusal” weekend shouldn’t be a bother at all. Hear a lawyer demonstrate handling a “no refusal” weekend in the video below: