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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: eyedigress

I view the biggest issue as lack of enforcement. The cops do their job the best they can and the courts turn around and let the offenders go.


161 posted on 12/28/2007 8:47:48 PM PST by SouthTexas (Have a Merry and Blessed Christmas.)
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To: SomeCallMeTim

Yes, and then why not introduce the next absolute law, to clear up the next horrible problem afflicting mankind? Are you so blind that you can’t see where this leads? Are you?


162 posted on 12/28/2007 8:48:18 PM PST by steel_resolve (If you can't stand behind our troops, then please stand in front...)
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To: StolarStorm
Aren't you willing to make a very small risk to ensure it?

Do you have any small children?

They would make a very fine small risk.

So, yes. You're right. You convinced me.

I'll be glad to risk your children.

163 posted on 12/28/2007 8:48:34 PM PST by Responsibility2nd
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To: Responsibility2nd

I’d rather live in a country where I have to avoid an occasional drunk driver than live in a country where fascist thugs can stick a needle in my arm at will, with the blessing and consent of our beloved lawmakers.


164 posted on 12/28/2007 8:49:15 PM PST by Pravious
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To: Responsibility2nd
I could post more facts all night long.....

That's a MADD source.

MADD is not concerned with facts.

165 posted on 12/28/2007 8:49:35 PM PST by elkfersupper
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To: elkfersupper

Oh come on. That’s not as inane as you can be.

Go back to those murderous toilet fatalities you were warning us of.

THAT’s the pro-drunk driving elk we all know and love.


166 posted on 12/28/2007 8:50:50 PM PST by Responsibility2nd
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To: Pravious

Damn, that’s going to leave a mark!!!


167 posted on 12/28/2007 8:51:09 PM PST by A_Tradition_Continues (Sanitized for your protection.)
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To: Responsibility2nd
MADD is just reporting CDC or NHTSA data.

Same outfit, different names.

168 posted on 12/28/2007 8:52:22 PM PST by elkfersupper
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To: elkfersupper
Now what?

Don't drink. Problem solved...

~~~~~~~~~~~~

(BTW, the above does not mean that I agree with this this forced blood test madness -- in my beloved Texas, no less!)

169 posted on 12/28/2007 8:52:37 PM PST by TXnMA ("Allah": Satan's current alias...)
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To: SouthTexas
Maybe you missed one of my posts. I believe every officer involved in a dui should be checked also. The only concession I make is, a cop is checked every 8 hours while active.

How do you think that will go?

170 posted on 12/28/2007 8:52:57 PM PST by eyedigress
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To: SouthTexas
There is a problem with drunks on our highways, what other proposals are there to keep them off?

I'll try just once more.. then, I'm off to bed. Cause, even here, no one seems to care about the real problem.

Do you know the average BAC level of all drivers arrested with a measurable BAC? It's 0.16 %.

Do you know the level of BAC for drivers at which the driver has a greater chance, statistically, of being involved in a traffic fatality than someone with no BAC reading at all? It's more than 0.10%.

There IS a problem with drunk drivers on the road... and, it is MOSTLY older men, who are repeat offenders, driving with a BAC of > 0.15%. THIS is a problem than can be addressed... easily, with the laws I have previously proposed.

But.. that is NOT the purpose of most DUI laws today. They are aimed at complete prohibition and/or revenue generation.

171 posted on 12/28/2007 8:53:13 PM PST by SomeCallMeTim
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To: Responsibility2nd
I'll be glad to risk your children.

Classic liberal argument.

If I have to do or give up one more thing "for the children", I'm going to start throttling the little trolls myself.

172 posted on 12/28/2007 8:54:56 PM PST by elkfersupper
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To: eyedigress

I don’t have an issue with that, but I don’t think there is that much of a problem. I’m sure it exists though.


173 posted on 12/28/2007 8:55:01 PM PST by SouthTexas (Have a Merry and Blessed Christmas.)
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To: SomeCallMeTim
Why would you even try to argue that sobriety checkpoints don’t reduce DWI? Of course they do.

I think my point is blowing over your head... Of course if everyone in town knows that a checkpoint is being conducted, most drunks will either not drive drunk that night or drive somewhere else. So yes, some IDIOTIC STUDY will conclude that the checkpoint "deduced" DUI's that night by 80% and checkpoint reduce drunk driving. But that's utterly meaningless when compared to the number of impaired drivers that those same officers would stop during routine patrols after seeing signs of impairment.

There are at least 3 detailed studies available on-line to prove this

Ok so produce the links.

174 posted on 12/28/2007 8:55:22 PM PST by AmericaUnited
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To: Responsibility2nd
Yes, I have a 3 year old. I don't plan on putting him in a rubberized room to protect him. I want him to truly live and to do that you need freedom. Freedom has risks and costs, but its worth it.

I guess you would be a Tory if this was the 1770's. Your type doesn't belong here. leave. Sacrifice your liberty for a risk free life.
175 posted on 12/28/2007 8:55:42 PM PST by StolarStorm
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To: elkfersupper
DWI fatalities are somewhere between 500 and 3,000.

That is the difference between "alcohol related" and "alcohol caused"

Nobody keeps the causation statistics because it doesn't fit the agenda.

There are every bit as many toddlers killed by mop buckets.

There is a 100% causal link between the dihydrogen monoxide content of blood and all accidents causing fatality. We must ban this dangerous substance as soon as possible!

Here are the facts:

Description/History:

Dihydrogen monoxide (DHMO) is colorless, odorless, tasteless, and kills uncounted thousands of people every year. Most of these deaths are caused by accidental inhalation of DHMO, but the dangers of dihydrogen monoxide do not end there. Prolonged exposure to its solid form causes severe tissue damage.

Symptoms of DHMO ingestion can include excessive sweating and urination, and possibly a bloated feeling, nausea, vomiting and body electrolyte imbalance. For those who have become dependent, DHMO withdrawal means certain death.

Dihydrogen monoxide is also known as hydroxl acid, and is the major component of acid rain; contributes to the "greenhouse effect."; may cause severe burns.; contributes to the erosion of our natural landscape.; accelerates corrosion and rusting of many metals.; may cause electrical failures and decreased effectiveness of automobile brakes.; has been found in excised tumors of terminal cancer patients.

Contamination Is Reaching Epidemic Proportions!

Quantities of dihydrogen monoxide have been found in almost every stream, lake, and reservoir in America today. But the pollution is global, and the contaminant has even been found in Antarctic ice. DHMO has caused millions of dollars of property damage in the Midwest, and recently California.

Despite the danger, dihydrogen monoxide is often used:

as an industrial solvent and coolant; in nuclear power plants; in the production of styrofoam; as a fire retardant; in many forms of cruel animal research; in the distribution of pesticides. Even after washing, produce remains contaminated by this chemical; as an additive in certain "junk-foods" and other food products.

Companies dump waste DHMO into rivers and the ocean, and nothing can be done to stop them because this practice is still legal. The impact on wildlife is extreme, and we cannot afford to ignore it any longer!

The Horror Must Be Stopped!

The American government has refused to ban the production, distribution, or use of this damaging chemical due to its "importance to the economic health of this nation." In fact, the navy and other military organizations are conducting experiments with DHMO, and designing multi-billion dollar devices to control and utilize it during warfare situations. Hundreds of military research facilities receive tons of it through a highly sophisticated underground distribution network. Many store large quantities for later use.

176 posted on 12/28/2007 8:55:49 PM PST by eldoradude (Think for yourself!)
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To: Responsibility2nd
A mother convicted of criminal negligence after her 11-month-old son drowned in a mop bucket has been ordered to attend classes on how to rear children as part of her probation. The baby, Justin Hoffman, drowned in a 5-gallon bucket after his mother left him and his 23-month-old brother alone to watch a soap opera.

From the NY Times

177 posted on 12/28/2007 8:55:58 PM PST by A_Tradition_Continues (Sanitized for your protection.)
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To: A_Tradition_Continues

>>>>>>>>>>>>>>>>>>>>>>Damn, that’s going to leave a mark!!!

I still have the marks (scars) of a time where I didn’t avoid a drunk driver.

Is that the kind of mark you were refering to?


178 posted on 12/28/2007 8:56:03 PM PST by Responsibility2nd
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To: TXnMA
Don't drink. Problem solved...

That is the agenda.

As soon as that part is won, it will move on to other things.

179 posted on 12/28/2007 8:56:58 PM PST by elkfersupper
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To: SouthTexas

Make it a proposed law and you will soon find a problem!


180 posted on 12/28/2007 8:57:45 PM PST by eyedigress
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