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This Weekend, Dallas Police to Make Drunk Drivers an Offer They Can't Refuse.
A word of caution before you head out for the long Memorial Day weekend: It's also No-Refusal Weekend. Which means? Well, if Dallas police pull suspect you're drinking and driving, you'll be stuck with a butterfly needle attached to a vacuum-packed container, and two vials' worth of your blood will taken and tested. And, no, you can't refuse the test; hence the name, as discussed in our cover story on the very subject last month.
They also said the program will go full-time on September 1. Should pending legislation pass through the state Legislature, as expected, Dallas County will become a full-time needle-poking place.
If they suspect a driver is under the influence, they’ll offer an on-the-spot Breathalyzer. If drivers refuse, deputies will ask to draw blood from their arms.
“I think that’s really personal and I think that if you deny a Breathalyzer and you say that you don’t want that, I think that’s outrageous if they take blood without your consent,” driver Courtney Liddle said.
Attorney David Olson said that “would only be lawful if a warrant is issued by a judge.”
That’s just what deputies plan to do. They’ll actually drive to a judge’s home for a signature and return to the checkpoint.
Olson said drawing blood from drivers is usually done in extreme cases like homicides and fatal collisions.
There have been an increasing number of police departments allowing their officers to draw blood samples from motorists under suspicion of a DUI/DWI. This takes place on the roadside as opposed to a hospital where there are trained medical professionals. It seems like a recipe for disaster to allow officers to do blood draws when they do not have adequate medical training. This has proven true in Arizona recently where a lawsuit has been filed to stop this practice.
According to Scripps News, a man developed a persistent infection at the site of a blood draw administered by a Pima County sheriff’s deputy. He has filed what is believed to be the first claim in Arizona against the practice, which could put local taxpayers on the hook for any damages.
Originally posted by ShadeWolf
Wow. Just wow. I'm glad I'm Canadian. But since I'm curious, I have to ask: would shooting/fighting back against a cop restraining you be a crime,
Also, what about blood-transmitted infections like AIDS?
And what's to stop them from keeping the blood for other nefarious purposes?
Originally posted by Illuminatus I
They have to have some way to determine if the person is drunk besides a hunch.
When may a police officer stop a driver for being under the influence?
Police may stop a driver for any violation of the vehicle code. They often stop intoxicated drivers for straddling lane markers, weaving between lanes, driving at excessive or very slow speeds, braking erratically and coming in close contact with objects or other vehicles. An officer may also have reason to suspect a driver is intoxicated if they observe a driver at the scene of an accident, or at a sobriety checkpoint.
How do police determine whether a driver is intoxicated?
Police use three methods to determine whether a driver is under the influence of alcohol or drugs. First, police may observe the driver for objective signs of intoxication. Objective signs of intoxication include a distinct odor of alcohol coming from the driver, red, watery eyes, and slurred speech. Second, police will assess a driver's ability to perform field sobriety tests. Field sobriety tests are scientifically designed to test a driver's balance and motor skills. Police may ask a driver to perform tasks such as walking heel-to-toe in a straight line, standing on one leg, or reciting the alphabet backwards. If a driver fails one or more of these tasks, the officer may request that the driver take a chemical test to measure the driver's blood alcohol content (BAC). A driver's BAC is tested by breath, blood, or urine and is measured by the percentage of alcohol in the blood by weight.
Are tests to determine whether a driver is intoxicated mandatory?
A driver is not required to submit to chemical testing. However, refusing the test may have serious consequences. In some states, refusal to submit to testing is an offense in and of itself. Failure to approve chemical testing may also result in more severe penalties, such as a longer period of license suspension or an increased jail sentence. Additionally, the jury may be able to consider evidence of the refusal as evidence of guilt.
If you don't agree to the first test, how do they test you?
If you don't agree to any other tests, how do they test you?
It's a lot harder to get someone to forceful exhale into the Breathalyzer than it is to simply draw blood.
They can refuse to breath out at the required sensitivity for the Breathalyzer, but one can not refuse to bleed.
Do you just get to walk away?
We're talking about people who don't appear in the proper condition to be driving a 3000 pound death machine.
Originally posted by Mozzy
are there seriously people defending drunk drivers? and you're complaining about human rights? that is about as backwards as it gets.
i'd guess that you trust dna evidence in courts but yet you dont' want cops to test your blood before you sober up?