Suspects refuse to give blood in DUI crackdown in Palm Beach County

South Florida Sun-Sentinel ^ | 3/1/09 | Dianna Cahn

[elkfersupper]

Vampire bloodsuckers with MADD mother supervision.

[cripplecreek]

If they get to the point of wanting to take blood, you’re going to jail period. Found that one out several years ago.

They couldn’t get me on a breathalyzer or a field sobriety test so they arrested me and took me to the hospital and then to jail.

[bill1952]

LOL!

I couldn’t care less about the so called “rights” of drunks driving.

[Huntress]

But if it saves the life of one child, it’s worth it!!!

[csmusaret]

What about the rights of sober drivers?

[Recovering Ex-hippie]

Its about all our rights.

[elkfersupper]

Define "drunk".

The experts and the law seem to differ and change from day-to-day.

[Atlas Sneezed]

I couldn’t care less about the so called “rights” of drunks driving.

---

I care plenty about the rights of “drunks” driving.

[cripplecreek]

I couldn’t care less about the so called “rights” of drunks driving.

I was once one of those so called drunks. Unfortunately I was sober but it still cost me a night in jail, the cost of towing and impound, the cost of a blood test at the hospital, plus time spent going to court waiting for them to produce evidence that never materialized.

[Bloody Sam Roberts]

Forced blood tests? Hell...that crap don’t fly even up here in the Massachusetts Gulag.

[cripplecreek]

They aren’t “forced” here but you’ll go to jail if you refuse. LOL

[TankerKC]

They couldn’t get me on a breathalyzer or a field sobriety test so they arrested me and took me to the hospital and then to jail.

And then?

[elkfersupper]

Wait until the cops themselves start doing it.

Now, in most jurisdictions that condone this travesty, they at lease give lip service to the warrant process and MIGHT arrange for a qualified phlebotomist.

I wouldn't be surprised if they start sucking it out of the gutter after the execution soon.

[cripplecreek]

it still cost me a night in jail, the cost of towing and impound, the cost of a blood test at the hospital, plus time spent going to court waiting for them to produce evidence that never materialized.

And then the case was dismissed and it still cost damn near as much as if I had been found guilty.

[Darren McCarty]

The Sheriff's Office, working closely with the State Attorney's Office, sparked controversy when it decided to seek a judge-approved search warrant to take blood from anyone who appeared drunk and refused a breath test. Opponents argue that forced blood tests violate Florida statute. But State Attorney Michael McAuliffe said other Florida counties upheld the techniques and the uproar was "much ado about nothing."

I don't know Florida statute, but if there is probably cause, the suspects are screwed on Federal Case law.

With so many refusals, the warrants did not appear effective, said Miami-based DUI attorney Michael Cohen, who argued that under Florida statute, it was illegal to force someone to comply with a blood test unless an accident caused serious injury or death. "I thought the whole point of the warrant was they could strap them down and take it against their will, just like they do with serious bodily injury," Cohen said. "It seems like this failed for them."

Maybe they have a shot there. If's that Florida law, it seems cut and dry, but even with my defense leanings, I take a defense attorney's word for what it's worth - a guy whose job is to stand up for his clients.

[cripplecreek]

It’s nice when you can make them look like fools.

In my case I went to court 4 different times for arraignment and the prosecutor always had to tell the judge the evidence hadn’t arrived from the hospital. Finally on the 5th date the prosecutor wrote a number down on a piece of paper anb said that it was my BAC and if I plead guilty it would go easy on me. I said “OK I’m ready to enter a plea” and plead not guilty which put the prosecutor on the spot. He could either charge me without any evidence or move for dismissal. LOL I better never cross him again.

[Darren McCarty]

I couldn’t care less about the so called “rights” of drunks driving.

You should.

I don't DUI, don't condone it, and those who are convicted of it should not be on the road for a long time.

That aside, everyone should have the right to a fair trial, and our constitutional rights (search and seizure) are very important and have been eroded heavily since the days of the Terry stop.

[RegulatorCountry]

I’m not eager at all to be on the road with a bunch of drunks careening around. These people have a right to be secure in their persons, though. Forced blood tests have more than just a whiff of totalitarianism about them. Get them off the road in some other, more Constitutional and less intrusive manner, please.

[Waco]

And if it saves the life of one illigal alien, it’s worth it, never mind his status.