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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: wrench

I see you made the same mistake I have; questioning why the hell your being stopped for no reason.


61 posted on 12/28/2007 7:51:34 PM PST by Michael Barnes
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To: wrench

Exactly.


62 posted on 12/28/2007 7:52:26 PM PST by elkfersupper
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To: SouthTexas
I don’t take anything above Copenhagen 101 or Bayer. The point is they are talking about forced taking of bodily fluids. Don’t succumb to this violation of your rights.
63 posted on 12/28/2007 7:53:44 PM PST by eyedigress
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To: elkfersupper

sounds like you need to change your handle to copsfersupper
then......................hehehe


64 posted on 12/28/2007 7:53:46 PM PST by advertising guy (If computer skills namedo us, I'd be back-space delete.)
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To: StolarStorm
Good for you IF you take care of your problems, there are those out there that don't.

I never said I was for this either. I just twisted the old "if you drink, don't drive" and everyone got bent.

Yes, you have the right to do whatever you wish as long as it doesn't affect others and this is one problem that kills people everyday in this country.

65 posted on 12/28/2007 7:54:31 PM PST by SouthTexas (Have a Merry and Blessed Christmas.)
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To: StolarStorm
I have a problem with my inner ear. Occasionally it goes wacky and I weave a little... then I pull over.

I hope it doesn't go "wacky" when there's a school bus full of kids along side.

66 posted on 12/28/2007 7:54:51 PM PST by onedoug
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To: elkfersupper

The world has sure changed from the world described in “Its a Wonderful Life”.

George Bailey gets lit up at a local bar, gets into his car and plows into a tree. The police officers stop and ask “Mr. Bailey, are you feeling ok, do you need a ride home?”.

It sure is a different life now, Bailey would have been in more trouble than he was in for allegedly embezzling a stinking $8000.


67 posted on 12/28/2007 7:54:52 PM PST by I_Like_Spam
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To: Responsibility2nd

I would prefer a blood draw if stopped, since I don’t trust the accuracy of other tests. That said, I’d be pissed if stopped and forced to give blood. I’d probably sue based on a warrant under false premises. I don’t think you can just stop and search every vehicle, although I could well be wrong.


68 posted on 12/28/2007 7:55:42 PM PST by Mr Rogers (Huckabee - the Republican John Edwards)
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To: Dubya; inneroutlaw
Good for Texas. They are going to make it permanent in Tarrant County Texas.

Now, let me get this straight.

You are purportedly a Texan advocating state control and surveillance of your daily activities?

If so, FOR SHAME!

69 posted on 12/28/2007 7:56:02 PM PST by elkfersupper
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To: eyedigress
I going after shippers first, should be interesting.

I not sure if you should go after the shippers.

Do you mean that drivers who deliver material to the company will be screened for tobacco and prevented from entering until they dispose of it?

70 posted on 12/28/2007 7:56:50 PM PST by Rudder
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To: elkfersupper

See #65.


71 posted on 12/28/2007 7:57:15 PM PST by SouthTexas (Have a Merry and Blessed Christmas.)
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To: elkfersupper
With warrant in hand, a nurse whose salary is often paid by Mothers Against Drunk Drivers (MADD)

That strikes me as highly unethical and a conflict of interest.

I still say that we should enforce DUT checkpoints. That's Driving Under Tiredness for you all not up on your acronyms. If you've not had enough sleep, or are just not well rested, or even stressed out, it's clear that you don't have the attention span required to drive a car and thus must be sent to jail for a period of no less than 3 months, or at least long enough to test the strength of your civil morals. This is of course, after you've paid all the prerequisite fines to all township entities that have their hands in the DUT till......errr, I mean checkpoint.
72 posted on 12/28/2007 7:57:25 PM PST by Thoro (Science without religion is lame, religion without science is blind.)
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To: eyedigress
I'm confused on how this is even constitutional. My understanding was that the 5th amendment would prevent this sort of thing.

But then we have a current government that scans emails and taps phones without warrants, so perhaps the constitution has been thrown into the ash heap of history.
73 posted on 12/28/2007 7:58:07 PM PST by StolarStorm
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To: wrench

Horrible. But necessary based on the idiots who drive while drunk.

People who complain that Nanny-state cops use checkpoints to rack up $$$$ for themselves only need look no further than the nearest bar or liquor store pumping out drunks every minute. Only an idiot would blame the messenger (MADD) for pointing out the desperate need for enforcement.

That why these checkpoints are most effective after the bars close and 2 blocks away from the liquor stores.

Checkpoints save lives. That’s a fact.


74 posted on 12/28/2007 7:58:16 PM PST by Responsibility2nd
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To: Responsibility2nd
Now there will be fewer people MURDERED at the hands of irresponsible drunk drivers.

Just skip the drama.

More people are "murdered" (toddlers) by unattended mop buckets, toilets, bathtubs, etc. than are are "murdered" by "drunk" drivers.

75 posted on 12/28/2007 7:59:17 PM PST by elkfersupper
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To: Michael Barnes
Be grateful you didn’t get the metal plate in your head, and no I’m not Black or Hispanic but I still got the wooden shampoo. It was in a different time the cop retired 25 years later with honors and there wasn’t even a lawyer in the small town I live in that would try to sue for damages. If I come across on some of these type of posts as being a little anti Law Enforcement it’s because I’ve got a badge for the attitude, I wear it in my head.
76 posted on 12/28/2007 7:59:44 PM PST by kublia khan (Absolute war brings total victory)
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To: eyedigress

I don’t either and I never said I supported this.


77 posted on 12/28/2007 8:00:37 PM PST by SouthTexas (Have a Merry and Blessed Christmas.)
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To: Rudder

Yup! We are very active and if I can’t have it, I’ll be damned if they can. What will they do, fire me? Can we say, hellooooo Mr. Lawyer guy!


78 posted on 12/28/2007 8:00:45 PM PST by eyedigress
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To: MaxMax
Driving while drunk is only bad if someone is dumb enough to get in the way.

Driving on sidewalks is faster because there is less traffic. Better to get a vehicle with good ground clearance so stupid pedestrians don't get stuck in the wheels though.

79 posted on 12/28/2007 8:00:53 PM PST by eldoradude (Think for yourself!)
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To: elkfersupper
It’s amazing (and sickening) that many of the denizens of Free Republic would have such a taste for the old jackboot.

There is no slippery slope, there’s little left but freefall.

80 posted on 12/28/2007 8:00:56 PM PST by Dr.Zoidberg (Mohammedanism - Bringing you only the best of the 6th century for fourteen hundred years.)
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