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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: Hattie

Well, you know, poverty is a depressing thing.

I bet thousands and thousands of people kill themselves every year simply because they’re poor.

We can stop all of those deaths! We can end the carnage!

Just have the Government give each poor person $100,000 a year, and think of the lives that’ll be saved.

In fact, they can start with me.

Just DON’T try and take my blood.


201 posted on 12/28/2007 9:06:58 PM PST by Pravious
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To: AmericaUnited

Yeah, and the reason that I have this inner ear problem that was discussed earlier is a result of a sudden and total deafness caused by a medicine I was given. Am I here whining about the pharmeceutical industry and calling for the removal of the rights to prescribe certain medicines. NO!


202 posted on 12/28/2007 9:07:31 PM PST by StolarStorm
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To: Michael Barnes
Your last paragraph reminded me of the 2nd Amendment of our Constitution.
And the many ways lawmakers are trying to twist it around into a catch all..

/Salute and God Bless

203 posted on 12/28/2007 9:08:07 PM PST by MaxMax (God Bless America)
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To: Hattie
"The Chief of Police from Tarrant County was on TV tonight about this. Statistics show average 1000 deaths during the Thanksgiving - NY Holidays annually in Texas from drunken driving. Not just injuries - deaths."

I think the chief's a big fat liar. The numbers have been dropping regularly each year and 1K is about 1 full years worth.TX stats link.

204 posted on 12/28/2007 9:08:23 PM PST by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: SouthTexas
Nah! It isn't any different than 1989,79,69,59,49,39.

The lack of parents to discipline their children could easily be attributed to their reckless endangerment.

205 posted on 12/28/2007 9:09:02 PM PST by eyedigress
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To: darkangel82
I agree but the statists far outnumber us on here.

On here, out there, so many who are overjoyed at the prospect of surrendering themselves to the almighty state just so long as their chosen pet offense, whatever it may be, earns their neighbor a billyclub to the kidneys.

What they don't want to realize is each incursion, each curtailed liberty inches closer to goring one of their own oxen.

When that happens, just listen for the squeals of outrage...
206 posted on 12/28/2007 9:10:22 PM PST by Dr.Zoidberg (Mohammedanism - Bringing you only the best of the 6th century for fourteen hundred years.)
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To: elkfersupper

“If I have to do or give up one more thing “for the children”, I’m going to start throttling the little trolls myself.”

W.C. Fields, is that you?


207 posted on 12/28/2007 9:10:44 PM PST by dsc
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To: AmericaUnited

Of course, there is no study that can show the relative statistics compared to what WOULD happen if the officers were out searching for people with probably cause...

I get your point.

I’m 100% against random check points... but, common sense tells me... if they’re done enough, they would work. At least, in the small area where applied. If they stop everyone on every street... drunk driving will definitely decrease. ALL driving will decrease!

I just happen to believe that checkpoints are

1) not cost effective, and
2) unconstitutional.


208 posted on 12/28/2007 9:10:51 PM PST by SomeCallMeTim
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To: elkfersupper

What do they do when they encounter people who are hard sticks? I don’t think I would appreciate an untrained person rooting around (or digging as the patients like to call it) in my arm with a needle. And there’s also the possibility they might hemolyze it and get a bad result.


209 posted on 12/28/2007 9:11:25 PM PST by linn37 (phlebotomist on duty,its just a little pinch)
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To: Dr.Zoidberg

Well said!


210 posted on 12/28/2007 9:12:07 PM PST by StolarStorm
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To: elkfersupper
Gee Elk, I think you just got tagged as a Pro Drunk Driving FReeper; any words?
211 posted on 12/28/2007 9:12:20 PM PST by eyedigress
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To: Responsibility2nd

Why don’t you go down there daily and have them draw blood from you just in case you are driving drunk. I guess you wouldn’t have any problem with that now would ya?


212 posted on 12/28/2007 9:12:39 PM PST by DogandPonyShow (America, the Light of the World.)
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To: spunkets
It is important to note that the Texas drunk driving statistics, as shown above, include data from individuals who were in an alcohol-related crash, but not driving a motor vehicle at the time. The U.S. Department of Transportation defines alcohol-related deaths as "fatalities that occur in crashes where at least one driver or non-occupant (pedestrian or bicyclist) involved in the crash has a positive Blood Alcohol Concentration (BAC) value."

So if a car with two drinker passengers and one sober designated driver gets into an accident, that is counted as alcohol-related even though alcohol played ZERO ROLE. WHAT BS!

213 posted on 12/28/2007 9:12:51 PM PST by AmericaUnited
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To: airborne

Me too. I can’t believe being stuck by a needle can be forced upon a person under a circumstance that doesn’t involve stopping the spread of something contagious.


214 posted on 12/28/2007 9:13:24 PM PST by Nate505
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To: dsc

We had that book when I was a kid! Ha!


215 posted on 12/28/2007 9:14:03 PM PST by eyedigress
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To: Responsibility2nd
THAT’s the pro-drunk driving elk we all know and love.

I thought we loved pro-drunk driving mooses here on FR.

216 posted on 12/28/2007 9:14:47 PM PST by A_Tradition_Continues (Sanitized for your protection.)
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To: eyedigress

Nah....

I’ve been calling him that forever.

On many threads.

He can’t - He won’t deny it.


217 posted on 12/28/2007 9:15:01 PM PST by Responsibility2nd (More people are "murdered" (toddlers) by unattended mop buckets, toilets, bathtubs, etc. than are..)
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To: Lancey Howard
The do-gooders are on a roll.

Of all tyrannies a tyranny sincerely exercised for the good of its victims may be the most oppressive... Those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience.

-- C.S. Lewis
218 posted on 12/28/2007 9:15:36 PM PST by Dr.Zoidberg (Mohammedanism - Bringing you only the best of the 6th century for fourteen hundred years.)
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To: Pravious
Just DON?T try and take my blood.

I'm not in favor of having to do this either. But year after year during these holidays in TX people are given phone numbers to call, cabs take them free, even the police will take you home after you have been drinking. But people refuse to do it and too many people die here. I don't think the numbers are fake, I live here and see it. What other solution do you have to protect the innocent who are just driving home with their families?

219 posted on 12/28/2007 9:15:38 PM PST by Hattie
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To: eyedigress
Agreed there!

Lack of responsibility by those that choose to drive drunk at 80 mph down the wrong side of the freeway tends to give the media their sensationalism and then the lawmakers do their standard knee-jerk reaction.

220 posted on 12/28/2007 9:15:51 PM PST by SouthTexas (Have a Merry and Blessed Christmas.)
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