Posted on 12/16/2013 8:56:37 AM PST by moonshinner_09
Troopers all across Texas are going after drunk drivers this holiday season.
The Texas Department of Public Safety (DPS) is aiming to lower the amount of drunk drivers across the state by increasing the amount of troopers, working overtime, and enforcing stricter rules.
No refusals are among the stricter rules being enforced, meaning if an officer believes you are drunk and asks you to take a blood test you will most likely have to still take one.
If you say no, the officer will get a warrant from a judge immediately to get your blood specimen.
Saying no to a breathalyzer will also prompt authorities to get a warrant for a blood test.
"For example if you are a 0.05 you can still get arrested if the officer believes that you have lost physical and mental capacity to safely operate a motor vehicle," Trooper Maria Hernandez said.
Anything over a 0.08 blood alcohol concentration is deemed too dangerous for a driver to be behind the wheel.
Another rule is if they catch you intoxicated while driving with children under 15-years-old, you will get a $10,000 fine, two years in state jail and your license will be suspended.
This is the first time DPS is teaming up with police, fire departments and emergency medical services (EMS) to decrease the amount of drunk driving related accidents.
(Excerpt) Read more at valleycentral.com ...
Once they solve drunk driving, they’ll make the trains run on time.
“Troopers all across Texas are going after drunk drivers this holiday season.”
Drunk drivers should be replaced by revenue.
Wow, that's a little subjective isn't it? I think a good defense attorney could have a field day with that one.
The blood draw is performed with a baton. The technique is referred to as the “splinter shower” and is done right there on the street. As Stallone roared in Judge Dredd, “I am the LAW!”.
Look up the legal precedent of “implied consent.”
That is why if you have not been drinking you should refuse to take a field sobriety test, just agree to the breathalyzer or blood test. Those taped field sobriety test can easily get you convicted.
I do not consent to any search. I don’t care if they beat you down in the street, nothing is admissible in court. There’s a serious issue with 4th amendment protections if they can just throw you in jail “on a hunch.”
Believe it or not, it is your right in Massachusetts.
However, if you refuse, your license to operate will be immediately suspended for 120 days.
You wouldn’t have a chance to refuse a blood search. They would tie you down and take it.
I’ve just about gotten that directional EMP generator completed and mounted on my rear bumper. No tickets for me!
It takes quite a bit of drinking to get to 0.05% BAC. The 0.08% legal threshold in Texas is quite conservative. Lots of impairment by the time you get there.
Check out this calculator to see what effects qualities of alcohol have on your blood chemistry and impairment levels. Then knock off the nonsense about being able to “handle it” when you try driving home after a binge.
http://www.ou.edu/oupd/bac.htm
I don’t understand your comment. Can you please explain/elaborate..thanks
In order to get a warrant to take a blood test the officer does have to be able to state specific facts to establish probable cause to believe you are intoxicated. ie. driving behavior, strong smell of alcohol, slurred speech, poor balance, gaze nystagmus, etc. etc.
You can’t prosecute me for something I refuse to give. It’s like saying I don’t have the right to be silent. You can’t MAKE me talk. You could squeeze my throat and push on my belly and make air go across my vocal cords, but you can’t construe the bellow to words of complicity or guilt.
This is fascist, new world order shit here. Terrifying!
Nope, 3 beers at the local bar on the way home within an hour and you are probably legally intoxicated. Still, never agree to a field sobriety test or let them shine a light in your eyes, that can get you convicted even with zero BAC.
In 1902 driving was a right. In 2013 driving is a privilege. Not sure where in time we crossed that line.
A field sobriety test is when they ask you to walk a line, touch your nose, recite the alphabet backwards. All designed to give the officer probable cause to give you a blood or breath test. Even if you pass the blood or breath test you can still get convicted if you fail the FST. Not one state requires anyone to take a field sobriety test.
Three 12-oz beers within an hour is quite a bit of drinking. If you don't think so, you're likely an alcoholic.
Did you read about the case where the cop thought a guy was standing funny so they took him to a hospital and examined his lower GI tract for hours?
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