Skip to comments.Texas Police Will Take Blood By Force in DUI Cases
Posted on 09/14/2005 3:42:43 PM PDT by elkfersupper
Dalworthington Gardens, Texas police will draw the blood of drunk driving suspects.
After completing a training course, Dalworthington Gardens police officers have been certified to draw blood from any motorist whom they suspect of driving under the influence of alcohol. The small North Texas city joins three counties -- Montague, Archer and Clay -- which have recently adopted similar policies.
These jurisdictions are seeking to make drunk driving convictions less vulnerable to court challenge as mounting evidence shows breathalyzer machines can be inaccurate. Under the new policy, a suspect will be brought to a police station and asked in a videotaped interrogation to submit voluntarily to a blood test. If the request is refused, police will call one of the judges who have agreed to remain on-call to obtain a warrant. If approved, police will draw the blood, by force if necessary. Anyone who refuses a blood test, even if not convicted or formally accused of a crime, will surrender his license to drive on the spot and will not see it again for at least six months.
"It's kind of eerie," Frank Colosi, an attorney who works with the Fort Worth chapter of the American Civil Liberties Union told the Ft. Worth Star-Telegram. "It's kind of grotesque that the government can come and take your blood."
Section 724.017 of the Texas code requires that, "Only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen at the request or order of a peace officer....'qualified technician' does not include emergency medical services personnel." Dalworthington Gardens believes their twenty-hour course meets this standard.
Why don't we just ban booze altogether and get this crap over with?
Oh, I forgot. We already tried that.
One for your ping list.
oh yeah, and your dna on file too, even if the test shows you had nothing stronger than a 7up.
Oh my, this could get nasty, who's idea is this again???? LOL, I wanna see them take blood by force, lol, this should be good, real good!
Whoah, this is a disturbing developement.
I thought the blood test could be required only after a traffic accident.
I can just see that now. Maybe they didn't think of that aspect.
I think it would be more legitimate if someone refused, to just suspend their license, rather than wrestling them to the floor and removing their blood by force. That's a bit much in my opinon.
Something tells me this will not survive a serious court challenge.
Aklroyd's judge had a bone-skinning machine for scofflaws! Harsh
Having said that, I think it's entirely inappropriate for the civilian world short of cases where the subject is dead or incapacitated beyond acknowledging the source of their intoxication.
Well, from this article, it appears that you only have to be suspected of drunk driving.
All of your suggestions will probably be attempted. Plus there are already news stories out there about people being "Tasered" into submission.
And what happens if, after all that, he turns out not to have any alcohol in his bloodstream?
Odds are he will still be charged with DWI. Happens all the time. All the LEO has to do is say he thought that the accused was "impaired".
Pretty much standard for DWI and certain "Domestic Violence" allegations since about 1993.
That was a long time ago. Tobacco doesn't impair drivers, and it's under massive assault. Why the determination not to do anything about a cancer on society that causes the death of untold thousands of guilty and innocent alike, the destroyed lives, the innocent children... Why not ban booze?
Attention Police Officers: I carry a handgun in my vehicle.
You already lose your license in Texas if you refuse a sobriety test.
They can have my blood over my cold, dead...um...nevermind. :(