Texas: Forced DUI Blood Draws Expand

Texas Police News ^ | 12/26/07 | Texas Police News

[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.

[longtermmemmory]

Sounds like the counties are doing the “legal ‘till we can’t get away with being illegal any more” or the legal equivalent of it is easier to ask forgiveness instead of permission.

local governments hate preemption.

[spunkets]

Looks like it.

[Dr.Zoidberg]

I’d make this real simple...either accept the blood test...or we take your car...here and now

That's all well and fine for you, but they aren't saying if you refuse, you lose your car(that's a whole other can of worms, confiscation of private property without cause), they are saying you will not be allowed to refuse.

My read of the article and if IT is indeed accurate, is they are going to use all necessary force to extract your blood against your will(well, maybe not your will, you seem to be in full support of this abuse).

That is assault under color of law and abrogation of due process. Every last conservative should be screaming in outrage at this madness, not cheering the thugs who would violently bring you into compliance with it.

[niki]

LOL. No doubt your a Ron Paul hater.

[TKDietz]

A night in jail for .12% and 5 years for .13%? How much drunker is someone at .13% than someone at .12%? This is what you call bringing sense into these laws? I’m all for bringing sense to our laws, but I hope that when that happens those who do it have more sense than you.

[spunkets]

Apparently the cops and prosecutors are just getting search warrants. HArris Co DA

[mouse_35]

2 hours later and Responsibility2nd hasn’t responded to my post (234), but he can find time to tell another poster to **** himself. Goodnight all!

[Finalapproach29er]

This is facist.

This isn’t going to stop/save anybody.

Seems like the wrong way to go about things. Can’t believe Texans went for this.

[longtermmemmory]

ham sandwich warrents.

(a judge will sign a warrent for a ham sandwich especially if these are preselected judges)

[crabpott]

In Skagit Co. WA during the last election cycle the dolts elected a Judge (D) that had a DUI and other driving issues. This judge that recently ruled to allow tainted state evidence in the prosecution of DUI cases. Other counties have ruled not to allow this evidence. My point is that a judge with a DUI history shouldn't’t be anywhere near any kind of DUI case. He sits on many DUI cases. If you were hauled up in front of a judge for a DUI wouldn't’t expect he didn’t have a DUI history? If he did wouldn’t you expect him recuse himself? During the campaign I called MADD’s HQ and asked what they thought about this potential judge. They said they didn’t have a position on judges with DUI's. What?? I’m just baffled.

[shadowcat]

start at the fence,,,,,,,,,,

[dragnet2]

During the campaign I called MADD’s HQ and asked what they thought about this potential judge. They said they didn’t have a position on judges with DUI's. What?? I’m just baffled.

Wanna get real baffled? Ask Headquarters if judges are routinely, randomly drug tested like the lowly worker drone at Walmart, or the security guard at Target.

[spunkets]

Well, the cops did have probable cause. That's indicated by the BACs given. One I remember was 0.3+. 10 out of 12 were over, and the one was 0.073 + drugs. the other sounded like an illegal.

When I attempted to find info on this, the simple search gave a ton of DWI lawyer ads. Looks like they were attempting to convict on the refusal evidence and the cop's testimony and the lawyers were mesmerizing the juries, leaving the prosecutor unhappy. Nevertheless, those drivers lost their DLs for 6 months, or longer.

[AlmaKing]

Checked for Steroids, HGH, the cream, and the clear also.

I saw two moto cops today working a red light. 1 of them thought he was just too d*mn cool in his bike uniform...

[Sir Gawain]

Hope the cop enjoys a needle through his eye.

[AlmaKing]

‘ALL driving will decrease!’

That’s happening here at the local intersection next to the condo complex as the 4 month ongoing moving violation trap is hitting people every night.

People are just avoiding the intersection now. I’m driving out of my way to get to my family’s condo to avoid getting another false ticket (no NV driver’s license, no NV tags - despite the fact that I live in Dallas and I had my insurance, license etc.)

[djf]

I just bumped your thread.
Kudos.
Happy New Year.

http://www.freerepublic.com/focus/f-news/1945522/posts

[Selmore]

let me add a twist.
what if, during a random checkpoint, you catch someone without a valid license, or an illegal immigrant?
do you keep them or throw them back?

[Sarajevo]

You also have a problems with the CDC?

Yep,CDC also supported the vaccination of 11-12 year old girls with Gardasil, which Perry supported. We all know where that got him.

Cause these facts are THEIRS.

The information which CDC receives is input by people. Facts can be skewed for political expedience.

[Sarajevo]

Define "drunks".

Somebody who is pulled over for driving erratically or dangerously and blows a .10 or higher.

That would conveniently cover someone with ketoacidosis on the way to the ER.