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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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Here we go.
1 posted on 12/28/2007 7:07:12 PM PST by elkfersupper
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To: elkfersupper
The DUI laws and so called war on drugs are great sources of revenue for all the fiefdoms in this country.
2 posted on 12/28/2007 7:12:12 PM PST by garyhope (It's World War IV, right here, right now, courtesy of Islam.)
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To: elkfersupper

Hooray for Texas in doing this. It can only save lives.

Next..... Texas needs to join most other normal states and pass checkpoint sobriety laws.

We are only 1 of 11 states that do not have DWI checkpoints.

No wonder our DWI fatalities are off the charts.


3 posted on 12/28/2007 7:18:36 PM PST by Responsibility2nd (Paul/Kucinich (MCKINNEY!!!) for 2008! [Yes, of course I'm insane - Why do you ask?])
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To: garyhope

pill-poppers beware.


4 posted on 12/28/2007 7:19:14 PM PST by eyedigress
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To: elkfersupper

BTW they don’t even offer breathalyzers here. It’s blood or nothing, your call.


5 posted on 12/28/2007 7:22:49 PM PST by eyedigress
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To: elkfersupper

It’s not about DUI any more. It’s DADAAOA — driving after drinking any amount of alcohol.

Now, as I am diabetic, this doesn’t affect me directly, but I regard it as an unwarranted intrusion upon our freedoms. A person should be able to cruise down the street with the top down on a spring day drinking a bottle of beer if he dern well feels like it.


6 posted on 12/28/2007 7:22:56 PM PST by dsc
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To: Responsibility2nd
I can't even begin to address the level of kookism exhibited by your post.

Move to Islamabad before you wreck what is left of America.

7 posted on 12/28/2007 7:23:31 PM PST by elkfersupper
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To: elkfersupper
And should you refuse to submit to this assault, what is the plan of escalating force and where does the officer draw the line?

Tazer?

Billy club headlock?

Bullet to the forehead?

Make no mistake, you, I, each and everyone of us is seen as property to be used by the state for whatever purpose it chooses.

There’s only one correct response to this and it’s unmentionable on this site and likely to get me banned if I do.

8 posted on 12/28/2007 7:23:41 PM PST by Dr.Zoidberg (Mohammedanism - Bringing you only the best of the 6th century for fourteen hundred years.)
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To: elkfersupper
Lock me up, because there's no way in hell anybody's pulling me over and sticking me with a needle as part of a routine DUI stop.

I HATE NEEDLES!

9 posted on 12/28/2007 7:25:43 PM PST by airborne (Proud to be a conservative! Proud to support Duncan Hunter for President!)
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To: elkfersupper
The Law Enforcement Agency’s of this country are slowly disintegrating under the weight of Crony ism, Nepotism, Special interest influence pedaling, and Corruption. They are a perfect mirror of what is happening at every level of government in our once great nation. I read Gibbon’s “Rise and Fall of the Roman Empire” at least once every two years the only thing that has ever changed is the depth of despair that I feel as I finish the last page and consider the destiny these United States seems to be so resolutely marching towards.
10 posted on 12/28/2007 7:26:26 PM PST by kublia khan (Absolute war brings total victory)
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To: Responsibility2nd

“No wonder our DWI fatalities are off the charts.”

Questions:

Does “DUI fatalities” include only those fatalities *caused* by DUI, or do they include, say, those in which a passenger had a beer?

How many of those accidents are caused by illegal aliens?


11 posted on 12/28/2007 7:26:32 PM PST by dsc
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To: Dr.Zoidberg

Oh, it’s self-defense alright and forcible attainment of bodily fluids will result in people getting killed. (maybe they can draw the fluid from the bullet holes)


12 posted on 12/28/2007 7:26:55 PM PST by eyedigress
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To: elkfersupper
THIS IS AN OUTRAGE!!!!!!!

And don't give me the old "if you aren't doing anything wrong you have nothing to fear garbage". I have a problem with my inner ear. Occasionally it goes wacky and I weave a little... then I pull over. I expect that I will be taken in under assumption of DUI due to this problem. And since it is my right not to take a breath test will refuse and then I will be strapped down and forced to give blood when I've done nothing wrong.

If it happens I will be suing the MADD freaks hard.

I am sick and tired of the assumption of guilt mentality sweeping the nation. I'm sick and tired of the fascism we are allowing to happen. Its scares the hell out of me.
13 posted on 12/28/2007 7:29:42 PM PST by StolarStorm
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To: Responsibility2nd

Sticking everyone butt naked in rubber rooms will save lives as well.
Checkpoints are flat wrong. They are a police intrusion into our lives with no PC.
Forced blood draws for DUI is overkill, in my opinion. Having policemen do it is stupid. They are adding liability exposure for medical problems to their other liability exposure.


14 posted on 12/28/2007 7:29:43 PM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: airborne
I HATE NEEDLES!

That's just too bad airborne.

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.

So you're giving blood if they have to squeege it off the pavement along with your nose and teeth.
15 posted on 12/28/2007 7:30:15 PM PST by Dr.Zoidberg (Mohammedanism - Bringing you only the best of the 6th century for fourteen hundred years.)
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To: elkfersupper

It’s always so fun to engage you in a rational discussion of the evils of drinking and driving.

You always post like a drunken moron making my posts seem all the more brilliant.

Now tell me again how driving while drunk is a GOOD thing???


16 posted on 12/28/2007 7:30:18 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

You haven’t thought through your cunning plans far enough. But that’s okay serf, after your first half dozen sobriety checkpoints, I suspect you’ll figure out real quick just how much you have given up in the guise of “saving lives”.


17 posted on 12/28/2007 7:30:25 PM PST by Michael Barnes
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To: kublia khan

I do have one thing to say. ANY officer the least bit involved in a DUI to include dispatch must also submit a BAC draw within the hour of any arrest. Use the DUI money to pay for it.


18 posted on 12/28/2007 7:31:32 PM PST by eyedigress
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To: Dr.Zoidberg
So you're giving blood if they have to squeege it off the pavement along with your nose and teeth.

Then so be it.

19 posted on 12/28/2007 7:31:52 PM PST by airborne (Proud to be a conservative! Proud to support Duncan Hunter for President!)
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To: dsc

How does your diabetes affect the issue?


20 posted on 12/28/2007 7:31:59 PM PST by nygoose
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