Fort Worth police won't take 'no' for an answer

Fort Worth Star Telegram ^ | December 29, 2007 | MELODY McDONALD

[Eric Blair 2084]

Drunken drivers, consider yourself warned: The cops will be out for blood.

Motorists on Fort Worth roads who refuse to take a breath test after being stopped for suspected drunken driving on New Year's Eve and New Year's Day will have their blood drawn to determine whether they are impaired.

"If you refuse to take that blood test, we are going to ask for a warrant from a magistrate and come back and take your blood," said Fort Worth Police Chief Ralph Mendoza. "Basically, we are going to get our evidence one way or the other."

For the first time, Fort Worth police are launching a DWI No Refusal campaign in an effort to keep drunken drivers off the roads during the holiday.

In a news conference Friday morning, Mendoza, along with officials from the Tarrant County district attorney's office, Dalworthington Gardens, and Mothers Against Drunk Driving warned motorists not to get behind the wheel if they have imbibed.

"If you are stopped by a Fort Worth police officer and you are arrested for DWI, we are going to get a sample," said prosecutor Richard Alpert, who specializes in the prosecution of DWI and intoxication manslaughter cases. "We are going to get the evidence we need in court to prove your guilt. There is no way around it."

Defense attorney Abe Factor who routinely defends those arrested for DWI, said he believes that the campaign is little more than a publicity ploy and that the results will be lackluster, partly because the process will take time and many will score below the legal limit of 0.08.

"To me, it's more sizzle than steak," he said. "It's a good for thing for them to have a press conference over, but the numbers are going to be fairly small. If they stop someone who is really intoxicated, they are going to have them videotaped all over the place anyway."

The idea for the no refusal holiday came from senior prosecutor Lloyd Whelchel of the Tarrant County district attorney's office.

Whelchel recently attended a training seminar and reminded officials that authorities in El Paso and Harris County had similar programs in place.

The campaign will run from 8 p.m. Monday to 5 a.m. Tuesday and from 8 p.m. Tuesday to 5 a.m. Wednesday. If a Fort Worth police officer pulls over a suspected drunken driver who refuses a breath test, the officer will seek a search warrant from a magistrate.

The suspect will then be taken to a room at the Fort Worth Police Department, where at least three officers with Dalworthington Gardens Public Safety Department will be on hand to take their blood.

[Eric Blair 2084]

If you click on the link, check out the new smoking ordinance in Fort Worth. Humorous that they have it on the front page as if there is an amber alert or a manhunt.

Not entirely unfair. No smoking in restaurants with chilluns. You can still smoke with fat drunken adult slobs in bars.

[Eric Blair 2084]

Big Brother, Nanny State, Grant Junkie, Bogus Study, Junk Science, Social Engineering, Sheeple Control, Health Nazi

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[mtbopfuyn]

Once again, if judges wouldn’t let DUI’s off with a stern look, we wouldn’t be force to be poked with a needle for no reason than the cop had nothing better to do that day.

[The Magical Mischief Tour]

While I’m totally against driving while intoxicated I seem to remember reading something in an old dusty document once about the right to refuse to give evidence against yourself in a criminal proceeding.

Don’t this seem odd, you have the right to remain silent but we are going to get your breath, blood etc... even if we have to hold you down and take it from you by force.

[Neu Pragmatist]

Insanity . I wonder if MADD is behind this ?

[Calpernia]

>>>>”If you are stopped by a Fort Worth police officer and you are arrested for DWI, we are going to get a sample,”

This is only if you are arrested for it though, right? Is this really a bad thing?

[Calpernia]

I didn’t think of that.

[Mad_Tom_Rackham]

While I’m totally against driving while intoxicated I seem to remember reading something in an old dusty document once about the right to refuse to give evidence against yourself in a criminal proceeding.

Quaint old document. Not applicable to modern times. How long before we are subject to forced blood draws for cholesterol checks?

[Neu Pragmatist]

I would say if you’re involved in a bad car wreck resulting in a death and it’s apparent that you’re intoxicated, maybe .

[Calpernia]

>>>How long before we are subject to forced blood draws for cholesterol checks?

Now that you mention it, insurance companies have been doing that.

[buffyt]

What happens if you are stone cold sober? Do you have any recourse?

[Calpernia]

You wouldn’t be arrested for drunk driving though.

[Neu Pragmatist]

Yeah it’s bad. What’s next ? Mandatory random blood draws to see if someone has been using drugs or eating too many Whoppers ?

[padre35]

Generally evidence of some sort of crime occuring is required to arrest, and if they are under arrest, then why violate their bodies?

For me this is some disturbing stuff, forciably withdrawn blood samples to provide evidence of a misdeminor crime?

Riight...not even the Soviets did that, nice to see we are progressing past mere Stalinism....

[Neu Pragmatist]

What happens if you are sober (or drunk for that matter) and they stick you with a tainted needle and infect you with something ?

[mkjessup]

Insanity . I wonder if MADD is behind this ?

It wouldn't surprise me. I'm waiting to hear what DAMM has to say about it.

(Drunks Against Mad Mothers)

[razorback-bert]

They are paying for the nurses.

[Boiling point]

Hemophiliacs, watch out!

[Neu Pragmatist]

You are assuming that all cops are not corrupt ....

[9422WMR]

You have no recourse, silly citizen.
It’s for the good of the children, always the children.
Now go stand in line and pull the proper lever for Comrade Klinton.....