Police use the “no refusal weekend” loophole to rack up DUIs on holidays
Holidays are for celebrations, not courtroom battles. But imagine this: you’re cruising home after a calm night when flashing lights appear in your rearview mirror. A cop pulls you over, and the routine stop turns tense. They ask for a breathalyzer test, and you refuse, confident in your rights. Moments later, a judge’s warrant pops up on their computer. You’re forced to comply. Welcome to “no refusal weekend,” where police use a fast-track legal loophole to make sure no DUI suspect walks away without a test—and your rights might take a backseat.
If your state allows you to refuse roadside breathalyzer and sobriety tests on a normal weekend, “no refusal” weekends don’t change that law. So the name is a bit misleading. But during these weekends, you can quickly land in hot water after refusing these tests.
Andrew Flusche, a Virginia attorney, emphasizes that refusing doesn’t eliminate consequences: “If an officer pulls you over, refusing doesn’t get you out of trouble,” he says.
“No refusal weekends” differ by state, but they work on the same principle: streamline the warrant process to catch drivers who refuse sobriety tests. Police departments keep judges on-call 24/7, especially during holidays, to approve warrants in minutes. An officer can request one electronically right from their patrol car. Once a warrant is granted, you’ll face serious trouble if you continue to refuse—like charges for obstruction of justice.
Flusche explains, “It’s not just about holidays. It’s a tactic for high-enforcement times, like New Year’s or Memorial Day weekend.” Some states, like Texas and Tennessee, promote these weekends heavily. Others, including Arizona, apply similar policies year-round.
When stopped, stay calm and know your rights. Provide only the essentials: license, registration, and proof of insurance. “The best advice? Stay polite but firm,” Flusche explains. “You’re under no obligation to explain where you’ve been or what you’ve had to drink.”
Flusche emphasizes one thing: don’t assume you can outsmart the system. If you’re asked to take a test, understand the stakes before refusing. A warrant might be moments away. Silence can be your best defense in these situations.
No refusal weekends aim to keep roads safe, but they also bring risks for drivers who don’t understand their rights. Before heading out during the holidays, know your local DUI laws. And if you’re ever unsure during a stop, Flusche’s advice is simple: “Call a lawyer. It could save you a legal headache.”
You can see the rest of Flusche’s advice for holiday weekends in the video below: