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Texas Police Will Take Blood By Force in DUI Cases
Ft. Worth Star Telegram via TheNewspaper.com ^ | 9/14/05 | Ft. Worth Star Telegram Staff

Posted on 09/14/2005 3:42:43 PM PDT by elkfersupper

Dalworthington Gardens, Texas police will draw the blood of drunk driving suspects.

After completing a training course, Dalworthington Gardens police officers have been certified to draw blood from any motorist whom they suspect of driving under the influence of alcohol. The small North Texas city joins three counties -- Montague, Archer and Clay -- which have recently adopted similar policies.

These jurisdictions are seeking to make drunk driving convictions less vulnerable to court challenge as mounting evidence shows breathalyzer machines can be inaccurate. Under the new policy, a suspect will be brought to a police station and asked in a videotaped interrogation to submit voluntarily to a blood test. If the request is refused, police will call one of the judges who have agreed to remain on-call to obtain a warrant. If approved, police will draw the blood, by force if necessary. Anyone who refuses a blood test, even if not convicted or formally accused of a crime, will surrender his license to drive on the spot and will not see it again for at least six months.

"It's kind of eerie," Frank Colosi, an attorney who works with the Fort Worth chapter of the American Civil Liberties Union told the Ft. Worth Star-Telegram. "It's kind of grotesque that the government can come and take your blood."

Section 724.017 of the Texas code requires that, "Only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen at the request or order of a peace officer....'qualified technician' does not include emergency medical services personnel." Dalworthington Gardens believes their twenty-hour course meets this standard.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Texas
KEYWORDS: alcohol; billofrights; constitutionlist; donutwatch; dui; dumbideas; dwi; fascism; govwatch; jackbootedthugs; leo; madd; scotus; vampires; wodlist
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MADD strikes again, and the witch hunt continues.

Why don't we just ban booze altogether and get this crap over with?

Oh, I forgot. We already tried that.

1 posted on 09/14/2005 3:42:49 PM PDT by elkfersupper
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To: freepatriot32

One for your ping list.


2 posted on 09/14/2005 3:45:00 PM PDT by elkfersupper
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To: elkfersupper
Just out of sick curiousity, how do you draw blood "by force"? Strap the guy down? Gas him? Hog tie him and sit on his head?
And what happens if, after all that, he turns out not to have any alcohol in his bloodstream?
3 posted on 09/14/2005 3:45:44 PM PDT by LongElegantLegs ("Nuthin' ain't worth nuthin', but it's free.")
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To: elkfersupper

oh yeah, and your dna on file too, even if the test shows you had nothing stronger than a 7up.


4 posted on 09/14/2005 3:47:24 PM PDT by HiTech RedNeck (No wonder the Southern Baptist Church threw Greer out: Only one god per church! [Ann Coulter])
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To: elkfersupper
any motorist who they suspect

Oh my, this could get nasty, who's idea is this again???? LOL, I wanna see them take blood by force, lol, this should be good, real good!

5 posted on 09/14/2005 3:49:46 PM PDT by rockabyebaby (I'm not afraid to say out loud what the rest of you are afraid to admit.)
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To: elkfersupper

Whoah, this is a disturbing developement.


6 posted on 09/14/2005 3:49:56 PM PDT by SoDak
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To: elkfersupper
Unreasonable search and seizure, and a presumption of guilt. The precedent will be used in other types of cases and extended quite imaginatively, as such things always are. Extended into areas of behavior that are not quite so easily vilified.
7 posted on 09/14/2005 3:50:26 PM PDT by RegulatorCountry (Esse Quam Videre)
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To: elkfersupper
Oh! just screened up Akyroyd's Nothing But Trouble

heh
8 posted on 09/14/2005 3:50:37 PM PDT by Republicus2001
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To: LongElegantLegs

I thought the blood test could be required only after a traffic accident.


9 posted on 09/14/2005 3:51:04 PM PDT by MeanWestTexan (A good friend helps you move. A great friend helps you move a body.)
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To: LongElegantLegs
Just out of sick curiousity, how do you draw blood "by force"? Strap the guy down? Gas him? Hog tie him and sit on his head? And what happens if, after all that, he turns out not to have any alcohol in his bloodstream?

I can just see that now. Maybe they didn't think of that aspect.

I think it would be more legitimate if someone refused, to just suspend their license, rather than wrestling them to the floor and removing their blood by force. That's a bit much in my opinon.

10 posted on 09/14/2005 3:51:04 PM PDT by Black Tooth (The more people I meet, the more I like my dog.)
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To: elkfersupper

Something tells me this will not survive a serious court challenge.


11 posted on 09/14/2005 3:51:16 PM PDT by NoControllingLegalAuthority
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To: elkfersupper

Aklroyd's judge had a bone-skinning machine for scofflaws! Harsh


12 posted on 09/14/2005 3:52:14 PM PDT by Republicus2001
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To: elkfersupper
This has long been standard practice for military personnel operating their vehicles on military bases....of course, when you're on active duty, the government essentially owns you and your constitutional rights are modified subject to the needs of the military.

Having said that, I think it's entirely inappropriate for the civilian world short of cases where the subject is dead or incapacitated beyond acknowledging the source of their intoxication.

13 posted on 09/14/2005 3:52:17 PM PDT by Joe 6-pack (Que me amat, amet et canem meum.)
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To: MeanWestTexan

Well, from this article, it appears that you only have to be suspected of drunk driving.


14 posted on 09/14/2005 3:53:46 PM PDT by LongElegantLegs ("Nuthin' ain't worth nuthin', but it's free.")
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To: LongElegantLegs
how do you draw blood "by force"?

All of your suggestions will probably be attempted. Plus there are already news stories out there about people being "Tasered" into submission.

And what happens if, after all that, he turns out not to have any alcohol in his bloodstream?

Odds are he will still be charged with DWI. Happens all the time. All the LEO has to do is say he thought that the accused was "impaired".

15 posted on 09/14/2005 3:55:05 PM PDT by elkfersupper
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To: RegulatorCountry
Unreasonable search and seizure, and a presumption of guilt.

Pretty much standard for DWI and certain "Domestic Violence" allegations since about 1993.

16 posted on 09/14/2005 3:56:37 PM PDT by elkfersupper
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To: elkfersupper
Oh, I forgot. We already tried that.

That was a long time ago. Tobacco doesn't impair drivers, and it's under massive assault. Why the determination not to do anything about a cancer on society that causes the death of untold thousands of guilty and innocent alike, the destroyed lives, the innocent children... Why not ban booze?

17 posted on 09/14/2005 3:56:53 PM PDT by johnb838 (I got nuthin to say,)
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To: elkfersupper

Attention Police Officers: I carry a handgun in my vehicle.


18 posted on 09/14/2005 3:57:23 PM PDT by Normal4me
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To: Black Tooth

You already lose your license in Texas if you refuse a sobriety test.


19 posted on 09/14/2005 3:58:18 PM PDT by johnb838 (I got nuthin to say,)
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To: elkfersupper

They can have my blood over my cold, dead...um...nevermind. :(


20 posted on 09/14/2005 3:58:37 PM PDT by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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