get stopped or suspected dui, good luck trying to refuse the breathalyzer. nine states now use no refusal checkpoints. what does that mean? well, police can immediately get a judge's order to draw blood. if you say no to the breathalyzer, this is a pretty big deal because one in four, that's right, one in four dui suspects refuse to blow into that plastic tube. new hampshire significantly higher. 81% will not voluntarily take the test. now, you may not be surprised. no refusal is pretty controversial. groups like mothers against drunk driving say it's necessary to save lives but civil libertarians say this is an overreach of police power. joining me now warren depram, the assistant district attorney in houston. he's a strong proponent of the no refusal program. with me here in atlanta is criminal defense attorney b.j. bernstein. first, we'll start with warren in houston.