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.
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.
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.
"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.
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).
..."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?
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.
for 180 days.
Something tells me that people may not survive this procedure.
I looked this up; I am correct re: only post-accident can it be forced.
Providing, of course, it is your blood they are testing.
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!
And you can do that . . . as a passenger.
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.
Exactly...
Ditto. I was reading to the end of the thread before I posted a reply to his.
And as a driver, or any way you choose.
"police will draw the blood of drunk driving suspects"
...from my cold, dead limbs.
The SCOTUS already revoked the fifth amendment.
" 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.
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.
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