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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: airborne
We have invited and welcomed prohibition of all sorts into this country.

Many here will advocate it.

It has to get a lot worse before it gets better.

21 posted on 12/28/2007 7:33:23 PM PST by elkfersupper
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To: airborne
Then so be it.

Amen.

You know, it's a damn shame that a body has to think that way these days...
22 posted on 12/28/2007 7:33:25 PM PST by Dr.Zoidberg (Mohammedanism - Bringing you only the best of the 6th century for fourteen hundred years.)
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To: Responsibility2nd

How about NOT DRIVING WHLE DRUNK, but assumed guilty by ahole cops and then stuck with a needle????? THAT IS ASSAULT!


23 posted on 12/28/2007 7:34:25 PM PST by StolarStorm
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To: nygoose

Diabetics are sometimes mistaken for DUI due to exhibiting similar physical problems.


24 posted on 12/28/2007 7:35:01 PM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Responsibility2nd
Now tell me again how driving while drunk is a GOOD thing???

Define "drunk" and I will.

25 posted on 12/28/2007 7:35:35 PM PST by elkfersupper
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To: elkfersupper

If you are going to drink...go to someplace like Vitamin Shoppe and buy SWEDISH BITTERS...take a good slug of it and wait 15 minutes. If you’ve got a breathalyzer check yourself...you should be in the legal limit range to drive. Swedish Bitters will sober you up fast.


26 posted on 12/28/2007 7:35:47 PM PST by shield (A wise man's heart is at his RIGHT hand;but a fool's heart at his LEFT. Ecc 10:2)
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To: elkfersupper

Simple solution, just keep your drunk ass at home.


27 posted on 12/28/2007 7:36:00 PM PST by SouthTexas (Have a Merry and Blessed Christmas.)
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To: elkfersupper

As one who, once upon a time, was personally responsible for changes in the Texas DWI laws.... I’m not sure what I think about this. Anything that gets away from using the wholly unreliable Breathalyzer test, is probably a good thing.

When I BEGGED to have a blood test, I got smacked across the head.

I still don’t get why we can’t bring some sense into these laws... I propose, MANDATORY 5 year jail terms for anyone convicted of FIRST offense, BAC over 0.12%. Life terms for 2nd offense. Should never, ever hear of a 3rd or greater offense.

For 0.10% to 0.12%, you get a ticket, fine, and a night in jail.

Below that, you get no worse treatment than someone driving at the end of a graveyard shift.. or, eating a whopper. (ie: what you deserve, based on risk factors). Meaning, you get ticketed if you break a traffic law.

But then... that would solve the problem and reduce revenue... can’t have that.


28 posted on 12/28/2007 7:36:13 PM PST by SomeCallMeTim
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To: elkfersupper

Egads! Not Texas! I’m all for throwing away the key on DUIs and I generally frown upon any sort of alcohol use but drawing blood is no where in there. That’s an invasion. If we really want to stop DUIs then appoint some judges who have a backbone and will sentence them to the max rather than patting them on the backs and sending them back out onto the roads.


29 posted on 12/28/2007 7:36:35 PM PST by mtbopfuyn (I think the border is kind of an artificial barrier - San Antonio councilwoman Patti Radle)
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To: dsc

Good question. Many pro-drunk driving FReepers claim these are MADD made up statistics.

They are not.

The stats on DUI fatalites (and what makes up a fatality) are available through the NHTSA.

Google them for the numbers.

>>>>>>>>>>>>>>How many of those accidents are caused by illegal aliens?

Every single DWI thread has this same question. It’s as if Americans are allowed to hate MADD and resist saftey measures to curtail DWI, but let one illegal alien get busted and......


30 posted on 12/28/2007 7:37:15 PM PST by Responsibility2nd (Paul/Kucinich (MCKINNEY!!!) for 2008! [Yes, of course I'm insane - Why do you ask?])
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To: SouthTexas

What about those NOT DRUNK but with a medical condition that still get assaulted by cops ??????? Think it won’t happens? LOL. It happens every day.


31 posted on 12/28/2007 7:37:34 PM PST by StolarStorm
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To: Responsibility2nd

Hells bells!

Why bother with blood draws,...why not just hire an elite force of troopers and beat a confession out of anyone that they happen to think could help balance the state budget.

This is lame. I’m surprised to hear such kookism lauded on FR.


32 posted on 12/28/2007 7:37:38 PM PST by incredulous joe
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To: SouthTexas
Simple solution, just keep your drunk ass at home.

A simpler solution, just keep your statist ass out of the legislatures.

33 posted on 12/28/2007 7:38:47 PM PST by elkfersupper
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To: SouthTexas

Good Luck on holding your foot up for thirty seconds and doing your ABC’s backwards at the same time. Will that be the right arm or the left?


34 posted on 12/28/2007 7:39:22 PM PST by eyedigress
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To: elkfersupper

easy law to defeat.............blood is not just booze levels....it is dna on a memoery bank.......that’s the hook and biscuit


35 posted on 12/28/2007 7:40:51 PM PST by advertising guy (If computer skills namedo us, I'd be back-space delete.)
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To: eyedigress

That’s because breathalyzers have been discredited in many a court case.

That’s how it should be.


36 posted on 12/28/2007 7:41:09 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: StolarStorm

I think if you have a medical condition that affects your driving, you shouldn’t be out there endangering my life and those of my children and grandchildren.


37 posted on 12/28/2007 7:41:25 PM PST by SouthTexas (Have a Merry and Blessed Christmas.)
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To: elkfersupper

.08

(But surely you are smart enough to know that)

So now it’s your turn to tell me how you can drink a 12 pack and drive just fine.

(typical pro-drunk driving retort)


38 posted on 12/28/2007 7:41:47 PM PST by Responsibility2nd (Paul/Kucinich (MCKINNEY!!!) for 2008! [Yes, of course I'm insane - Why do you ask?])
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To: Responsibility2nd

And what? they should’nt be here in the first place? You’re correct and win the magic 8 ball!


39 posted on 12/28/2007 7:42:33 PM PST by eyedigress
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To: elkfersupper; eyedigress

Feel free guys, drive as drunk as you wish, just let me know which highway you are on so I can avoid it.


40 posted on 12/28/2007 7:42:47 PM PST by SouthTexas (Have a Merry and Blessed Christmas.)
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