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Originally posted by OhZone
Don't drink and drive and you won't have any such problems.
Just do the breathilizer test.
If you object, it sure looks like you are hiding something.
Under the Road Traffic Act it is an offence to refuse to submit to an alcotest. If the result of the alcotest is positive, the police can then require the driver to undergo a breathalyser test. (A breathalyser analyses the breath and indicates the precise level of alcohol in the blood. It is used to obtain a more precise reading which can be used as legal evidence in court.)
If a breathalyser test is administered to a driver within 2 hours of driving, that reading will be accepted by a court as their BAC. Directly after the breathalyser test, police will issue the driver with a printed sheet advising them of the legal implications of the test result and their right to a blood test.
If a driver wants to challenge the accuracy of the breathalyser reading, they need to request a 'blood kit' at the time of testing, and promptly make their own way to a doctor to have their blood tested (at the driver's own expense).
Outside the metropolitan area, the blood tests can be done by a registered nurse or a doctor; if it is unlikely that the driver will get to either within 2 hours, they will need to ask the police to take them there.
Within 8 hours of an accident, anyone (who appears to be over the age of 14) who is treated at a prescribed hospital will be requested to supply a sample of their blood for analysis. It is an offence to refuse this blood test.
.. The police can demand evidentiary blood and breath tests in a broad range of circumstances. Failure to submit to such tests constitute an offence in all jurisdictions. In the event of a crash, most jurisdictions authorize the police to demand evidentiary blood and breath tests from the driver. The police merely require reasonable grounds to believe or suspect that the person was the driver at the time of the crash '
---- ' Police and medical practitioners are also authorised to take blood samples in certain circumstances ....
' Under Section 15AA(1) a doctor or nurse treating a patient in a hospital, whom he or she reasonably believes was a driver involved in an accident, must take a sample of that person's blood within two hours of his or her arrival at the hospital. The police can then collect the sample ... '
' .... The police are also authorised to take blood or urine samples from a person arrested for impaired or careless driving ... '
Originally posted by DrJay1975
Scariest thing I've ever heard in my life. And my brother was killed by a drunk driver. But in Jefferson Parish, part of the New Orleans Metro area, if you refuse a breathalizer test this weekend you will be forced to take a blood test. Magistrates and EMT's will be on call all weekend. Scary.
Originally posted by Dock9
reply to post by Iamonlyhuman
So you're making the taking of blood from someone suspected of being under the influence to 'police battery', now ?
Anything rather than admit that if you drink and drive and are pulled over AND refuse to prove your innocence via the breathalizer -- then the police will ascertain your blood-alcohol level via a blood test ?
When did 'bodily manhandling' enter this equations/discussion ?
Originally posted by InvisibleObserver
Nothing new, Michigan has had something like this for awhile, if you get pulled over any time and smell of alcohol and you refuse a breath test, its a automatic $100-$200 fine and an automatic arrest. After you get to the station you have an option of breath test or go to the hospital for a blood test, if you still refuse they put you in restraints and draw a sample.
You're a manipulative 'conversationalist' ---- aren't you ?
and you're skewing the facts to suit your agenda, imo
YOUR CHOICE is one of deciding to drive drunk -- or not -- in the FIRST place. Do you understand that ?
If you *DO* give your lack of intelligence -- lack of consideration for the law and others --- lack of judgement --- criminal leanings --- ignorance and ego to win the day and if you *DO* drive under the influence of alcohol
then you are breaking the law. And you are endangering others. Others -- you know --- ALL those other people who have the right to drive in safety of public roads
It makes you a potential MURDERER
and *IF* the police have reason to suspect you are driving under the influence then they will STOP you and they will provide you the OPTION to prove your innocence via the breathaliser
If you REFUSE to prove your innocence if you REFUSE to PROVE you are not under the legal limit then those police will put you in the Black Maria and will take you to the police station where you will be provided the OPTION of demonstrating your innocence via blood-test
If you REFUSE to prove your innocence you will be handcuffed and the law will deal with you as it sees fit
IT happens every hour of every day
Because *your* freedoms do not take precedence over mine or those of anyone else
you might as well get used to that
Originally posted by Dock9
Don't come to Australia then
because that's the way it is here and no apologies
So those of you who don't want your alcohol level measured via blood-test better start blowing into the proferred breathaliser --- or reconcile yourselves to jail and blood test
OR --- don't drink and drive
After all, how much 'freedom' do you believe you're entitled to ?
---- the 'freedom' to drive under the influence and kill or maim others ?
But no doubt you draw the line at such 'freedoms' when it comes to some drunken fool endangering YOUR life or the lives of your loved-ones ?
Originally posted by lpowell0627
Oh my! If they tried that in Jersey....well, let's just say don't try it in Jersey. I had no idea stuff like this was going on.
In Jersey, if you get pulled over and refuse a breathalizer it's an automatic DWI. Sounds the better way to go to me.