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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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To: LongElegantLegs
This whole "drawing blood" thing is going to get very interesting.

First of all I am for keeping impaired drivers off the road. Can you imagine the spectrum of personalities - usually impaired - and their range of reactions to the officer and his blood drawing tools?

basic impaired behavior, fear of needles, fear of jail, fear of catching blood-borne disease (that applies to the officer also)- etc.

41 posted on 09/14/2005 4:08:55 PM PDT by winston2 (Life, Liberty, and Pursuit of Happiness! :-)
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To: MrStumpy
I'm sorry about your loss and injuries.

Would you feel any better or be any better off if the person who injured you had not been drinking?

If not, why not?

MADD is a vengeful lot, and you just pointed that out.

42 posted on 09/14/2005 4:09:46 PM PDT by elkfersupper
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To: MrStumpy

"I have no problem with the cops taking blood"



I have a real problem with this as it is against the 5th amendment. No one is recquired to give evidence against themselves, no matter if it's murder or petty theft. This shouldn't stand a court challenge.


43 posted on 09/14/2005 4:10:08 PM PDT by Figment
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To: johnb838

Exactly. So if you have the blood test, at least you have a chance (assuming you're not drunk or stoned, that is - in which case, you deserved it).


44 posted on 09/14/2005 4:11:27 PM PDT by livius
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To: elkfersupper

..."It's kind of grotesque that the government can come and take your blood."...

They've taken your homes your rights and your guns, what's left but blood?


45 posted on 09/14/2005 4:12:54 PM PDT by the gillman@blacklagoon.com (North American Community. What's yours is theirs.)
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To: elkfersupper

No, I just looked up the Texas Transportation Code; it's online. (Chapter 700)

You can refuse breath or blood test, except in the case of an accident. You do get a mandatory suspension for 180 days, but you can refuse.

The statute also states who can draw blood --- and if an EMT can't do it, a cop sure can't do it.

This is flat-out illegal.


46 posted on 09/14/2005 4:13:28 PM PDT by MeanWestTexan (A good friend helps you move. A great friend helps you move a body.)
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To: johnb838

for 180 days.


47 posted on 09/14/2005 4:13:50 PM PDT by MeanWestTexan (A good friend helps you move. A great friend helps you move a body.)
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To: NoControllingLegalAuthority

Something tells me that people may not survive this procedure.


48 posted on 09/14/2005 4:14:13 PM PDT by the gillman@blacklagoon.com (North American Community. What's yours is theirs.)
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To: LongElegantLegs

I looked this up; I am correct re: only post-accident can it be forced.


49 posted on 09/14/2005 4:14:40 PM PDT by MeanWestTexan (A good friend helps you move. A great friend helps you move a body.)
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To: Spktyr
A blood test is actually accurate

Providing, of course, it is your blood they are testing.

"How do I know the blood they tested was mine?"

50 posted on 09/14/2005 4:15:04 PM PDT by elkfersupper
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To: johnb838
"Tell a cop that and you'll be eatin' some pavimento, my friend."

I do and I show them my concealed weapons permit. How many people are too impaired to drive after two beers? How many privately owned businesses would be out of business if there were cops sitting out in the parking lot waiting for you to leave? Why do they still sell single cans of beer in convience stores and place them in brown bags? Why are there drive-thru liquor stores?

Why don't we all just be good little peasants and go to work and pay our money to the government, and then just go home.

Doesn't sound like a country I want to live in and one I damned sure don't want to pay for!

51 posted on 09/14/2005 4:15:48 PM PDT by Normal4me
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To: elkfersupper
In a free society, it is a fundamental right to peaceably travel between Point A and Point B in or on any contemporary conveyance, without being interfered with or detained by government agents.

And you can do that . . . as a passenger.

52 posted on 09/14/2005 4:16:20 PM PDT by Petruchio ( ... .--. .- -.-- / .- -. -.. / -. . ..- - . .-. / .. .-.. .-.. . --. .- .-.. / .- .-.. .. . -. ...)
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To: tryingtomakesenseofthis

Several times in the past (~20 years ago) I saw LEO's "bunny up" and come back into the OR, where they stood and recited something (not Miranda I don't think - but something else) then asked the anesthesiologist to draw for BAC. I always wondered how that stood up when the legalities came around.


53 posted on 09/14/2005 4:16:44 PM PDT by not_apathetic_anymore
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To: HiTech RedNeck

Exactly...


54 posted on 09/14/2005 4:18:05 PM PDT by DoughtyOne (US socialist liberalism would be dead without the help of politicians who claim to be conservative.)
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To: Petruchio

Ditto. I was reading to the end of the thread before I posted a reply to his.


55 posted on 09/14/2005 4:20:26 PM PDT by PeteB570
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To: Petruchio
And you can do that . . . as a passenger.

And as a driver, or any way you choose.

Driving A Right, Not A Privilege

56 posted on 09/14/2005 4:20:45 PM PDT by elkfersupper
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To: elkfersupper

"police will draw the blood of drunk driving suspects"

...from my cold, dead limbs.


57 posted on 09/14/2005 4:20:49 PM PDT by chet_in_ny
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To: Figment

The SCOTUS already revoked the fifth amendment.


58 posted on 09/14/2005 4:21:07 PM PDT by the gillman@blacklagoon.com (North American Community. What's yours is theirs.)
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To: MrStumpy

" have no problem with the cops taking blood. You forget that the people that this will be used against are breaking the law,"

You forget that they are ALLEGEDLY breaking the law.


59 posted on 09/14/2005 4:22:36 PM PDT by adam_az (It's the border, stupid!)
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To: Normal4me
How many people are too impaired to drive after two beers? How many privately owned businesses would be out of business if there were cops sitting out in the parking lot waiting for you to leave? Why do they still sell single cans of beer in convience stores and place them in brown bags? Why are there drive-thru liquor stores?

If you look into it a little bit, you will find that all of this is both dangerous and impractical in every State now.

The battle has been lost to hysteria.

60 posted on 09/14/2005 4:23:47 PM PDT by elkfersupper
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