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.
As I understand it, the “forced” blood draws are not saved in a database. Also, you *do* still have the right to refuse a blood test, but then you lose your license for I think it’s a minimum of three years now.
What else? Oh yeah, a forced blood lipids test should be done on those suspected of binging at MacDonald's.
Driving while drunk is only bad if someone is dumb enough to get in the way.
Hows that for the smart-a$$ answer you've been fishing for?
I’m a pill-popper so it mostly affects me. :^)
Well, it was .20, then .15, then .12, then .10, then .08.
MADD is pressing now for .05.
The reality is, if you get stopped, it is 0.00.
Now what?
I have to agree with you.
cabs...........it’s what’s for dinner
I doubt if the tests will even register pharmaceuticals and maybe not even illicit drugs.
LOL
Be careful now.... Many pro-drunk driving FReepers will only see this and reply (with a belch) with a big....
HELL YEAH!!!!
Just let me know which highway your armed prohibition enforcers are on so I can avoid it.
I going after shippers first, should be interesting.
Personally, I believe 0.08 is too low. For one, this is so low... it is difficult for a social drinker (someone, having wine with dinner for example) to really know whether they are at this limit, or not. At 0.10%, you know, or should know... that you shouldn’t be driving.
Also.. highway accident statistics do not indicate a statistical difference for drivers at 0.08 vs no alcohol at all. The chances of being in an accident begin to statistically diverge (become measurably significant) around 0.10%. The statistics actually don’t show dramatic differences until BAC levels get >0.12%. But... heck.. those are just stats. Who really cares?
Very true, I know a young man who is type 1 diabetic was taken in for drunk driving and went into diabetic shock and came very close to dieing before the local cops called EMT’s he was in a coma and spent several weeks in the medical center before he could return home.
This is a horrible invasion of privacy and MADD has had numerous peace orders and stalking findings against them for the way their members treat anyone they believe deserves their special brand of justice.
I don't live within 70 miles of a cab, but I do live within 2 miles of a cop.
Now what you ask?
Now there will be fewer people MURDERED at the hands of irresponsible drunk drivers.
Yea... and, here’s one more dirty little secret... If you happen to be black or Hispanic? Your chances of getting this road-side search go up by a factor of ~ 100.
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