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

[elkfersupper]

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.

[elkfersupper]

One for your ping list.

[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?

[HiTech RedNeck]

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

[rockabyebaby]

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!

[SoDak]

Whoah, this is a disturbing developement.

[RegulatorCountry]

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.

[Republicus2001]

Oh! just screened up Akyroyd's Nothing But Trouble

heh

[MeanWestTexan]

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

[Black Tooth]

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.

[NoControllingLegalAuthority]

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

[Republicus2001]

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

[Joe 6-pack]

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.

[LongElegantLegs]

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

[elkfersupper]

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".

[elkfersupper]

Unreasonable search and seizure, and a presumption of guilt.

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

[johnb838]

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?

[Normal4me]

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

[johnb838]

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

[Diana in Wisconsin]

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