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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: Secret Agent Man
Most people would rather take the breathalyzer

Well... they'd be wrong if they did. NEVER, EVER take a breathalyzer... ever. DEMAND a blood test. At least, you have a chance of it being accurate.

101 posted on 12/28/2007 8:10:59 PM PST by SomeCallMeTim
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To: eyedigress

Probably shouldn’t mention anything about the drive through liquor stores then.


102 posted on 12/28/2007 8:11:43 PM PST by eldoradude (Think for yourself!)
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To: jdm

I find death on the highway is nothing to be sarcastic about.


103 posted on 12/28/2007 8:12:43 PM PST by Responsibility2nd
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To: dsc

Alcohol on the scene also gets included regardless of BAC.

(Grandpa going home with liquor in the trunk wins him a spot on the list)


104 posted on 12/28/2007 8:13:05 PM PST by eyedigress
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To: StolarStorm

I agree with you about the whole cell-phone/distracted driver thing. When I get behind someone who’s having trouble driving a straight line, and especially turns, if I get around them, I almost always see they are talking away on a damn cell phone like they’re involved in the most important, engrossing conversation they just HAD to have right then and there.


105 posted on 12/28/2007 8:13:10 PM PST by Secret Agent Man
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To: Responsibility2nd

This isn’t about death on the freeway; it’s about the continuous erosion of our freedoms.


106 posted on 12/28/2007 8:14:03 PM PST by jdm
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To: elkfersupper
Texas: Forced DUI Blood Draws Expand


107 posted on 12/28/2007 8:14:05 PM PST by dragnet2
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To: Dr.Zoidberg

Great! I finally found someone who agrees with me!


108 posted on 12/28/2007 8:14:11 PM PST by Secret Agent Man
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To: eldoradude
Better to get a vehicle with good ground clearance so stupid pedestrians don't get stuck in the wheels though.

I traded in my 4x4 because those sticky people would always leave
a red trail to the next bar. I needed a monster truck.

109 posted on 12/28/2007 8:14:14 PM PST by MaxMax (God Bless America)
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To: Responsibility2nd

In Texas the PSA say, “Don’t Drink and Drive”, not “Don’t Drive Drunk.”

Which I believe is conditioning for the future of ZERO tolerance policy.


110 posted on 12/28/2007 8:14:23 PM PST by razorback-bert (Remember that amateurs built the Ark while professionals built the Titanic.)
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To: eldoradude

Folks from out of the area would be totally besides themselves. :^)


111 posted on 12/28/2007 8:14:45 PM PST by eyedigress
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To: dragnet2

ROTFL!


112 posted on 12/28/2007 8:15:34 PM PST by jdm
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To: Responsibility2nd

You specifically stated that “checkpoints saves lives”. That is a statement that CANNOT be proved. Assumptions and speculations are NOT statistical facts.


113 posted on 12/28/2007 8:16:25 PM PST by A_Tradition_Continues (Sanitized for your protection.)
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To: eyedigress
BTW they don’t even offer breathalyzers here. It’s blood or nothing, your call.

If I was innocent, I'd much prefer blood to breathalyzer.

114 posted on 12/28/2007 8:17:11 PM PST by PAR35
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To: Responsibility2nd

I will say that it is not good. I will also say the amount of drivers who do anything but drive cause the problems.


115 posted on 12/28/2007 8:19:03 PM PST by eyedigress
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To: elkfersupper
This is easy, don’t drink and drive. I don’t ever drink, so I am always the designated driver. My friends love me cause I always get them home safely without a ticket.

Why don’t you try that with your friends? Maybe with your pissy attitude, you don’t have any friends.

116 posted on 12/28/2007 8:20:24 PM PST by Ditter
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To: A_Tradition_Continues; Responsibility2nd
You specifically stated that “checkpoints saves lives”. That is a statement that CANNOT be proved. Assumptions and speculations are NOT statistical facts.

Expect nothing but chirping crickets on this one from BigBrotherNannyState2nd. I no of no statistical evidence whatsoever that has ever been produced that shows that the same number of LEO's routine patrol work is any less effective than performing unconstitutional stoppages of innocent motorists.

117 posted on 12/28/2007 8:22:10 PM PST by AmericaUnited
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To: razorback-bert

Actually its

Drink.
Drive.
Go to Jail.

I don’t see a problem here.


118 posted on 12/28/2007 8:23:02 PM PST by Responsibility2nd
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To: elkfersupper

Bump


119 posted on 12/28/2007 8:23:04 PM PST by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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To: razorback-bert
Guess we need to make sure to avoid rinsing with mouthwash before driving.

Gawd, this is all so freaking insane I can't believe there are people on this board that think that the forcible drawing of blood is acceptable. This kind of thing opens the door to some very scary scenarios.

5 years down the line: Forced blood tests for roadside mental checks checking for hormones indicating possible road rage.

10 years: Forced roadside paternity tests to make sure the kids in your car are really yours and not kidnapped.

15 years: Roadside checks to make sure your "attitude" is appropriate (boot licking indicator).

20 years: Roadside checks to make sure your brain implant (which forces obedience to the state) is working properly.

Hyperbole? Sure a little. But I think our founding fathers would be stunned by what little rights we have today. I don't think they could conceived of the violations of freedom that we allow. They'd be horrified.
120 posted on 12/28/2007 8:24:42 PM PST by StolarStorm
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