Posted on 12/29/2007 7:41:14 PM PST by 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.
I dont know if the mentioned it in the article but they are planning to make this everyday policy.
Why if you are sober, you could sue, of course. With the right lawyer, you might win a substantial settlement. They wouldn’t want something like that going to a jury.
The behavior would determine the arrest, right? I mean, you have to be visibly drunk. Why would someone refuse a breathalyser?
Not maybe. I think it’s the law. Although I was surprised that my man Jim Leyritz was able to refuse a blood test until the next morning. He was booked Friday after killing a mother of two when he alledgedly ran a red light.
Aside from possibly being unconstitutional, aren't there any laws in TX requiring that someone who draws blood must be a trained medical professional?
MADD is behind it. Read the entire article, they are mentioned later.
I don’t think there is any profession that is immune to corruption since there will always be corrupt people.
You beat me to it . I wasn’t sure if anyone else knew about it . It’s time for a resurgance of D.A.M.M.
Yes , but in this case they will forcibly taking your blood . There is no excuse in the world for this .
MADD has gone MAD .....
D.A.M.M.
Drunks Against mad Mothers?
LOL ! Viva la D.A.M.M. !
I thought the Breathalyzer had to be refused to get to the point of blood drawn?
You got it FRiend!
The police officers are trained professionals in drawing blood. I know. They are experts at drawing smokers blood if you are caught smoking in a disgusting dive bar in the Democratic Peoples Republic of New Jersey.
Yep, it’s about time to put a stop to the MADDness ....
You can have my Whoppers when you pry them from my cold sticky hands.
Are you serious? What does drawing blood have to do with smoking?
You know they support it.
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