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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: Ditter
I think you are drunk right now because you aren’t making sense.

I repeat.........HAVEN'T BEEN DRUNK SINCE 1969.

421 posted on 12/30/2007 5:11:15 PM PST by elkfersupper
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To: rahbert
Read your state’s driver license exam.

If I don't recognize my state's authority to issue a driver license, and don't need the same, there is no need to read their stupid-a$$ exam, is there?

422 posted on 12/30/2007 5:16:15 PM PST by elkfersupper
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To: Scotsman will be Free
Had I stopped you or any other lawyer, and you were DUI, I would have arrested you.

Tell us your jurisdiction and your hours of operation so we can avoid you.

423 posted on 12/30/2007 5:18:47 PM PST by elkfersupper
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To: SouthTexas

You can’t compel a person to testify against themselves. It’s as simple as that. Drunk driving is bad, but not worse than a police state.


424 posted on 12/30/2007 5:21:50 PM PST by Puddleglum
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To: Puddleglum
You can’t compel a person to testify against themselves. It’s as simple as that.

You (among many millions of other people in this country), have not been paying attention.

“The DUI Exception to the Constitution”

425 posted on 12/30/2007 6:52:15 PM PST by elkfersupper
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To: elkfersupper
I doubt if we have the same definition of drunk.

I don’t drink and drive, can you say the same?

426 posted on 12/30/2007 7:14:31 PM PST by Ditter
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To: Ditter
I doubt if we have the same definition of drunk. I don’t drink and drive, can you say the same?

Yes, and you are exhibiting stalking behavior.

Knock it off.

427 posted on 12/30/2007 7:20:02 PM PST by elkfersupper
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To: Puddleglum

I tend to agree, but it’s not “simple as that”.


428 posted on 12/30/2007 7:22:57 PM PST by SouthTexas (Have a Merry and Blessed Christmas.)
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To: SomeCallMeTim

I guess it was a long time ago. The State will always go first and then when they rest it’s time for the defense to put on their defense if they want to put on a defense. It may be that your trial took so long because there were all sorts of little hearings before and even midway through the trial. I don’t know.

It’s not important. I was just curious. I know criminal trials can be a lot longer in some states than they are in mine. I’m always wondering what the heck goes on in these marathon trials to make them last so long.


429 posted on 12/30/2007 9:48:41 PM PST by TKDietz
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To: TKDietz

“any other lawyer” means judges, and prosecutors as well. I arrested the major in charge of our internal affairs unit for DUI. He was convicted.
I never caught a judge or prosecutor DUI though I did write a state supreme court judge for speeding, and one prosecutor. Never caught a member of the defense bar doing anything wrong.
Any cop that “follow them home” is a fool. Any cop that believes prosecutors are their pals are stupid. They will prosecute a cop to the maximum extent, and rightfully so.


430 posted on 12/31/2007 6:09:04 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: elkfersupper

The sentence is in the past tense, so you can relax, shyster.


431 posted on 12/31/2007 6:10:06 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Ditter; All

It’s sad when someones bad boy image is threatened by a 67 year old granny.


432 posted on 12/31/2007 10:07:18 AM PST by Ditter
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To: Scotsman will be Free

Things must just be a lot different in my area than they are in yours. Around here a cop will almost never ticket or arrest another cop, nor will they mess with judges or prosecutors either, not for small stuff anyway. Obviously things might very well be different for serious crimes, but for the small stuff these people all protect one another.


433 posted on 12/31/2007 10:38:31 AM PST by TKDietz
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To: elkfersupper; SierraWasp
In California when you sign for a DL, you waive your rights and agree to take a BAC test or forfeit your license for a year.

California has now designated all drivers in California as having the ability to judge any driver as a drunk driver. Yep.

Electronic signs all over the state declare in bright lights this:

REPORT DRUNK DRIVERS

CALL 911

So drivers in California now have the amazing ability to judge who is and isn't driving drunk. Amazing.
434 posted on 12/31/2007 12:42:20 PM PST by Syncro
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To: Syncro
Hey! They're not only on electronic signs around here!! They're on permanent poled and painted signs on State Route 49 going down through the Gold Country near here, not too far from the stupid "SHARE THE ROAD" signs with bicycles on 'em!

I swear I'm gonna git me some yellow and some black tape and close the top of the "H" with black and cover up the right leg of that "H" with yellow on a whole bunch of them Critical Mess Cal-Trans signs!!!

Sorry I changed the subject, but I been thinkin of this for over a year and you just reminded me and I just HAD to do it!!!

HOPPY NEW YEEEEEEEEEEEEAAAAAAAAAAAAAAAARRRRRRRRRR!!!

435 posted on 12/31/2007 1:31:04 PM PST by SierraWasp (Too much religion mixed with politics just leads the participants into too much hate & discontent!!!)
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To: TKDietz

We had our share of problem children, but overall, my agency was clean. Most of the defense attys were good folks that played it straight as long as you were straight with them, and didn’t make chippy arrests or write BS reports. Most of the prosecutors(deputies actually)were new out of law school and as a result, were woefully inept. Some of the judges were good, some terrible.
Prosecutors, when caught, always trotted out the “We are on the same team” crap. That didn’t fly with me, and I made sure that it didn’t fly with my subordinates, later on.


436 posted on 12/31/2007 2:19:43 PM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: dsc

Its .01. Actually I think the law is .08 now.

A person would be dead if they had .1 (10%) BAC.

The way I understand it, the FEDS threatened to take matching federal highway funds if the states didn’t get in line with the federal law.

So, if you ever wonder why each state still has its on immigration situation, it’s because the Feds haven’t made the states come around. But no one can say that the Feds cant make it happen if they wanted to.


437 posted on 12/31/2007 2:49:07 PM PST by Selmore (Pay no attention to that man behind the curtain.)
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To: Selmore

“Its .01. Actually I think the law is .08 now.”

Do you even look at what you post?


438 posted on 12/31/2007 4:12:48 PM PST by dsc
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To: Selmore

.10 used to be the minimum limit for DUI. It was lowered to .08.
1.0 must be what you are writing about.


439 posted on 12/31/2007 6:08:03 PM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Syncro

New Mexico, too. #DWI.


440 posted on 12/31/2007 6:14:15 PM PST by inneroutlaw
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