Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Refusing a sobriety test during the holidays not an option
Valleycentra ^ | 12.15.2013 | Valeria Aponte

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 ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: Texas
KEYWORDS: addiction; alcohol; donutwatch; drunkdrivers; dui; dwi; happyholidays; lawenforcement; onefortheroad; texas
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 141-151 next last
To: Beagle8U
"A judge won’t issue a warrant because someone doesn’t want to open their window or get out."

I'm no expert in the law, but when they order you to step out of the car, you don't have to comply?

61 posted on 12/16/2013 10:00:28 AM PST by Truth29
[ Post Reply | Private Reply | To 49 | View Replies]

To: Ramonne; moonshinner_09
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.

And since Trooper Maria Hernandez isn't' physically able to protect herself in brawl with a male, she'll call for male backup, and or just beat you, shoot you or tase you, strap you to a table, and forcible take your blood with a syringe and needle, to see if you've had a beer or glass of wine.

Don't mess with Texas...government

62 posted on 12/16/2013 10:00:49 AM PST by dragnet2 (Diversion and evasion are tools of deceit)
[ Post Reply | Private Reply | To 52 | View Replies]

To: fwdude

0.15% BAC driving is dangerous by any standard.


Just to be clear, I think DRIVING is dangerous, by any standard. But it’s worth the risk for most of us.


63 posted on 12/16/2013 10:01:26 AM PST by cuban leaf
[ Post Reply | Private Reply | To 55 | View Replies]

To: Brooklyn Attitude

I was responding to your statement that you would have to “prove your innocence,” which is done in a court of law. Of course there is opportunity for abuse by police. That’s why there are also laws against official misconduct. And they are quite a bit more serious than drunk driving.


64 posted on 12/16/2013 10:02:46 AM PST by fwdude ( You cannot compromise with that which you must defeat.)
[ Post Reply | Private Reply | To 59 | View Replies]

To: Beagle8U

“Only open your window enough to get your license and registration through.”
Officer, I’m sorry I can only open my window this much. I’ve recently been exposed to tuberculosis and have been told I’m contagious, for your safety please stay back from my window....
Here is my license and registration.
Cough, spit, cough......


65 posted on 12/16/2013 10:04:12 AM PST by 9422WMR (: " Tolerance is the virtue of a man who has no convictions".)
[ Post Reply | Private Reply | To 49 | View Replies]

To: Truth29

“I’m no expert in the law, but when they order you to step out of the car, you don’t have to comply?”

No, you don’t have to without a reason.

If you believe they have no probable cause to force you to get out it should be your choice.

If they come to your door with no warrant you don’t have to let them in or go outside. If you do it was your choice.


66 posted on 12/16/2013 10:08:18 AM PST by Beagle8U (Unions are Affirmative Action for Slackers! .)
[ Post Reply | Private Reply | To 61 | View Replies]

To: Brooklyn Attitude
Even if you are not prosecuted, from the article it sounds like you will still be arrested, taken to jail and kept there for who knows how long. All based on an officers opinion. The potential for abuse is enormous.

Absolutely...

And since Trooper Maria Hernandez isn't' physically able to protect herself in brawl with a male, she'll call for male backup, and or just beat you, shoot you or tase you, strap you to a table, and forcible take your blood with a syringe and needle, to see if you've had a beer or glass of wine.

For revenue and total control purposes, wait till government expands this Nazi like behavior towards the elderly to see if they had prescription drugs in their systems..

The elderly will make real easy targets...and most of them have more assets to seize.

It's coming, bet the rent...

67 posted on 12/16/2013 10:08:28 AM PST by dragnet2 (Diversion and evasion are tools of deceit)
[ Post Reply | Private Reply | To 59 | View Replies]

To: 9422WMR

That’s the idea!


68 posted on 12/16/2013 10:09:22 AM PST by Beagle8U (Unions are Affirmative Action for Slackers! .)
[ Post Reply | Private Reply | To 65 | View Replies]

To: V_TWIN
think a good defense attorney could have a field day with that one.

If you can afford a "good" one.......

69 posted on 12/16/2013 10:09:39 AM PST by Hot Tabasco (Miss Muffit suffered from arachnophobia.....)
[ Post Reply | Private Reply | To 4 | View Replies]

To: moonshinner_09

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. have no rig

And this is what they would need to do. I do not drink but I can assure you that to test me the Police WILL need a warrant. I believe in the Constitution at all times......


70 posted on 12/16/2013 10:11:59 AM PST by SECURE AMERICA (Where can I go to sign is for the American Revolution 2013 and the Crusades 2013?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rarestia

“You can’t prosecute me for something I refuse to give. “

Read the fine print on your DL.


71 posted on 12/16/2013 10:12:28 AM PST by TexasGator
[ Post Reply | Private Reply | To 15 | View Replies]

To: moonshinner_09

Just do what I do every December: Go stone cold and don’t drink a drop.

Fk them and their pulling me over. I get pulled over once or twice every Decemberfor various contrived offenses such as going into the median twice, left of center, drifting and even got pulled over twice for something called “surging”.

Once got pulled over minutes after buying a brand new car. CHP said his partner saw me dip into the median and cross left of center.

I laughed and “Really? Because you guys only came up on me from the highway and I’ve been sitting here at this light when you came behind me”.

“You’re challenging the word of my partner?” He curtly responded.

“Well, I’m saying if you want to contrive a reason for pulling me over by all means start writing tickets but, if your purpose is to use the contrivance for a DUI then get on with that too. I’m sure the car dealer I just spent the last four hours with and his employees will be all too happy to share how we made this deal sitting around and drinking”. P

“Oh? So you just bought this car?” He fakely asked “Why so late in the evening to huy a car?”

I laughed and popped back “I have no control over when these jokers will finally conclude a deal. You ever buy a car and stand around all day waiting for a salesman to stop playing games?”

He laughed and said he could relate and his partner had just had a hell of a time buying a car. Then asked if there was anything they coucould help me with.

“Why sure!” I happily responded “Your partner could help me figure out how to use this Sirius radio.

That jerkoff actually came to my car and tried to help direct me.

They admitted they didn’t know how to get Sirius working, congratulated me on my new car, wished me luck on the radio and to have a good night.

Putz’s

I never drink in December unless I am stuck at a hotel and even then I hold way back.

Never know why a cop will initiate contact with you.


72 posted on 12/16/2013 10:12:59 AM PST by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Truth29; Beagle8U
I'm no expert in the law, but when they order you to step out of the car, you don't have to comply?

Yes, what an idiotic statement. Apparently Beagle thinks that you don't have to comply with any lawful order of a police office who had legally stopped you.

73 posted on 12/16/2013 10:13:11 AM PST by fwdude ( You cannot compromise with that which you must defeat.)
[ Post Reply | Private Reply | To 61 | View Replies]

To: moonshinner_09

Just tell them you are a Dreamer and are here illegally. They’ll smile and send you on your way.


74 posted on 12/16/2013 10:13:16 AM PST by Buckeye McFrog
[ Post Reply | Private Reply | To 1 | View Replies]

To: dragnet2

“For revenue and total control purposes, wait till government expands this Nazi like behavior towards the elderly to see if they had prescription drugs in their systems. The elderly will make real easy targets...and most of them have more assets to seize.”

Rather than this public safety BS, when they pull you over for some “offense” they should just come to your window and say “Sir, I think you may be driving impaired for which I can arrest you based on my own judgement. That could take several hours and result in a police record, OR you could just make a contribution to the State Dept of Revenue. Now if you would like to give me a credit card I can quickly get you on your way”


75 posted on 12/16/2013 10:18:38 AM PST by Brooklyn Attitude (Things are only going to get worse.)
[ Post Reply | Private Reply | To 67 | View Replies]

To: fwdude

“Yes, what an idiotic statement. Apparently Beagle thinks that you don’t have to comply with any lawful order of a police office who had legally stopped you.”

What makes it a lawful order? Take your time...


76 posted on 12/16/2013 10:19:23 AM PST by Beagle8U (Unions are Affirmative Action for Slackers! .)
[ Post Reply | Private Reply | To 73 | View Replies]

To: rawhide
What if the cop(s) just want to harass you, even if you have not been drinking, can they still require you to take the tests? Just because.......?

Yep. Happened to a guy I know last week. He has a second job as a cook at a local tavern. The local cop, who cruses through the parking lot saw his car parked there for hours and pulled him over when his shift was over and then told him he smelled booze on his breath. He had him do all the stupid human tricks and then gave him the breathalizer test.

His reading was 0.00. The guy doesn't drink at all. Hasn't had a drop of booze in over 40 years.

Probable cause? That's a joke.

77 posted on 12/16/2013 10:26:10 AM PST by Ditto
[ Post Reply | Private Reply | To 30 | View Replies]

To: Buckeye McFrog
In LA you can enter a country illegally, carry fraudulent documents, have no registration and no license, no insurance and they'll let them go....

They then wave goodbye to the illegal, and haul ass after Joe tax payer citizen who has a legitimate address and legit ID...This is all done becasue the courts know where to send the collection bills and know where to serve warrants and know where to seize their stuff.

They also know joe tax payer citizen will show up in court to pay..

78 posted on 12/16/2013 10:30:38 AM PST by dragnet2 (Diversion and evasion are tools of deceit)
[ Post Reply | Private Reply | To 74 | View Replies]

To: TexasGator

Florida DL states “Operations of a motor vehicle constitutes content to any sobriety test required by law.” It doesn’t state, “Law enforcement may take your blood for any reason it deems it has the right to.”

My issue isn’t with the search, it’s the method. They don’t have a right to just assume you’re intoxicated and have a judge issue a warrant without just cause. Mens rea does not constitute immediate guilt just because someone had a couple of beers, and a judge cannot (SHOULD NOT) issue a warrant on probable cause if it doesn’t exist. Sadly, that’s what’s happening to our legal system.

I STILL have the right to revoke consent. The byline states that it CONSTITUTES consent, it does not demand it. Consent, as with any legal contract, can be revoked at any time, it just means I can no longer drive as a licensed individual.

Again, you can’t tell me that I am denied the right to refuse a sobriety test. That’s about as totalitarian as it gets.


79 posted on 12/16/2013 10:36:17 AM PST by rarestia (It's time to water the Tree of Liberty.)
[ Post Reply | Private Reply | To 71 | View Replies]

To: fwdude
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.

No, it doesn't. No, it isn't. No, there isn't.

80 posted on 12/16/2013 10:38:54 AM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th (and 17th))
[ Post Reply | Private Reply | To 12 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 141-151 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson