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Texas: Forced DUI Blood Draws Expand
Texas Police News ^ | 12/26/07 | Texas Police News

Posted on 12/28/2007 7:07:11 PM PST by elkfersupper

More Texas jurisdictions are turning to forced blood draws to convict those suspected of DUI.

Jurisdictions within Texas are expanding programs where police use force to draw blood from motorists accused of driving under the influence of alcohol (DUI). Last week, El Paso announced it had joined Harris and Wilson Counties in a "no refusal" program specifically designed to streamline the blood drawing process.

It works as follows. An accused motorist is arrested and taken downtown. While being videotaped, he will be asked to submit to a breathalyzer test with officers specifically avoiding any mention that blood will be taken by force if the often inaccurate breathalyzer test is refused.

During key holiday weekends, a pre-assigned judge who agreed to wait by the phone will approve search warrants created from pre-written templates -- often within just thirty minutes. With warrant in hand, a nurse whose salary is often paid by Mothers Against Drunk Drivers (MADD) will draw blood while police officers exert the required level of force. In some cases, this use of force can cause permanent damage. Montague, Archer and Clay counties have similar programs except that these departments do away with the nurse and have police officers perform the blood draw themselves, despite a state law banning the practice (view law).

Two of the twelve motorists subjected to the first blood draws in Harris County on Memorial Day weekend this year were later found to have blood alcohol levels below the .08 limit. The program will return on New Year's Eve.


TOPICS: Constitution/Conservatism
KEYWORDS: donutwatch; madd
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To: Lancey Howard
Good. Get drunks off the road.

Define "drunks".

141 posted on 12/28/2007 8:38:19 PM PST by elkfersupper
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To: dragnet2

You might have just created a new sarc tag! Congrats. :o


142 posted on 12/28/2007 8:38:22 PM PST by eyedigress
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To: Responsibility2nd

Banning automobiles would save lives.


143 posted on 12/28/2007 8:38:51 PM PST by nickcarraway
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To: Responsibility2nd
re # 117

HAHAHA..MADD from PA? At least post MADD from your state!

Here in Western PA, most of the DUI's I have heard directly from cops have been from hunters out spotting. Meaning they were travelling about, oh-, 25 MPH and MINUS!!!

144 posted on 12/28/2007 8:38:57 PM PST by Michael Barnes
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To: Responsibility2nd
But where does it end? Where will you say that enforcement has gone too far in the destruction of our rights and liberty? Damn, this country was founded by men who were willing to risk death for freedom. Aren't you willing to make a very small risk to ensure it? There is NO EXCUSE for harassing and stopping people without any probable cause at checkpoints or to assault potentially innocent people with needles.

5k+ of our young men and women have been killed in Iraq. Does MADD and your type advocate the dismantling of our military because it increases the risk of death? People choke on toothpicks? Gonna ban them? What about LIFE has risks. Deal with it.

When your type brings this nation to absolute nanny state fascism. I guess I and many others will have to risk our lives again in the cause of freedom.
145 posted on 12/28/2007 8:39:45 PM PST by StolarStorm
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To: Responsibility2nd
I find death on the highway is nothing to be sarcastic about.

Then everybody over 60 should be removed from the road.

146 posted on 12/28/2007 8:39:59 PM PST by elkfersupper
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To: Thoro
exactly
147 posted on 12/28/2007 8:40:04 PM PST by steel_resolve (If you can't stand behind our troops, then please stand in front...)
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To: mouse_35

What? You have a problem with the Centers for Disease Control and Prevention?


148 posted on 12/28/2007 8:41:00 PM PST by Responsibility2nd
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To: steel_resolve

;o)


149 posted on 12/28/2007 8:41:27 PM PST by shield (A wise man's heart is at his RIGHT hand;but a fool's heart at his LEFT. Ecc 10:2)
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To: Responsibility2nd; AmericaUnited
Sorry, post #126.

Apologies AmericaUnited on referring to post 117

150 posted on 12/28/2007 8:41:33 PM PST by Michael Barnes
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To: Responsibility2nd; elkfersupper
Not much of a point in posting stats, no one will believe them.

This IS about rights, but many fail to realize, they are supporting those that convolute their "right" to drive in whatever condition they so choose.

There is a problem with drunks on our highways, what other proposals are there to keep them off?

151 posted on 12/28/2007 8:41:59 PM PST by SouthTexas (Have a Merry and Blessed Christmas.)
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To: Ditter
Maybe with your pissy attitude, you don’t have any friends.

My friends are pissier than I am..

152 posted on 12/28/2007 8:43:27 PM PST by elkfersupper
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To: AmericaUnited

See post 148.

You also have a problems with the CDC?

Cause these facts are THEIRS. Not MADD.

Again... Don’t shoot the messenger. MADD is just reporting CDC or NHTSA data.


153 posted on 12/28/2007 8:43:34 PM PST by Responsibility2nd
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To: AmericaUnited

Why would you even try to argue that sobriety checkpoints don’t reduce DWI? Of course they do. There are at least 3 detailed studies available on-line to prove this. People adapt when the possibility for getting caught increases.

The question shouldn’t be: do they work? It should be, Are they consitutional? Sadly... our current SC says, “yes”.


154 posted on 12/28/2007 8:45:21 PM PST by SomeCallMeTim
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To: SouthTexas

Maybe take the license of all sober people away for a year. That should do it.


155 posted on 12/28/2007 8:45:26 PM PST by eyedigress
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To: StolarStorm

I’ve always felt that checkpoints are un-constitutional.
If it was called “patriot” checkpoints, I may be for them, but not just the name checkpoints.
Can you refuse the needle on religious grounds? Isn’t it Christian Scientist (or some other religion that advocates door-knocking) that is opposed to needles?


156 posted on 12/28/2007 8:45:46 PM PST by Selmore
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To: eyedigress

:o


157 posted on 12/28/2007 8:45:59 PM PST by eyedigress
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To: Responsibility2nd
What? You have a problem with the Centers for Disease Control and Prevention?

So many of these studies are so incredibly flawed and biased as to be WORTHLESS! Just like UN Global Warming studies... when knowledgeable people look at the methods used and look at the raw data they find HOLES THE SIZE OF TRACTOR TRAILERS and that the broad conclusion drawn IS NOT SUPPORTED!

158 posted on 12/28/2007 8:46:27 PM PST by AmericaUnited
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To: Responsibility2nd
You also have a problems with the CDC?

You mean the same CDC that created panic about avian flu and mad cow disease here in the USA?

159 posted on 12/28/2007 8:46:28 PM PST by A_Tradition_Continues (Sanitized for your protection.)
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To: Responsibility2nd
Actually its Drink. Drive. Do anything I don't agree with. Go to Jail. I don’t see a problem here.

There, all fixed

160 posted on 12/28/2007 8:47:13 PM PST by elkfersupper
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