Posted on 02/21/2009 8:23:37 AM PST by BGHater
Some Drivers Feel Blood Tests 'Invasive'
Drunken drivers beware: If you drink and drive, especially during the last weekend of February, the Palm Beach County Sheriff's Office and other area law enforcement will be out for blood.
PBSO deputies plan to set up driving under the influence checkpoints. 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. Olson said he's not sure a judge would actually sign a warrant.
"I admire and respect the sheriff's intention to investigate driving under the influence cases, but I am glad that they apparently are going to go to judges before they independently exercise what they believe would be a valuable tool in conducting these kinds of investigations," Olson said.
The PBSO is trying to emphasize that DUI will not be tolerated. But some drivers feel it's a bit too much.
"I think it's invasive on a personal level," driver Dave Staup said. "If you're going to deny a Breathalyzer, you should definitely be able to deny getting blood taken. It's a highly more invasive thing to do."
If drivers refuse to have their blood drawn, they will be arrested and charged with DUI.
For those of us who are ‘blood challenged’ that’s more than just ‘invasion of privacy’, it’s just one step closer to the grave! This won’t pass ‘Constitution’ muster, so a law suit is in Palm Beach’ near future! mebbe if we’re lucky it’ll be Rush again, and we can ‘keep posted’ on that area’s insanity defense!
Ya think?? Man, where are we going with this crap?
Ya think?? Man, where are we going with this crap?
The USA is going to look like a cross between "1984" and the movie "Gattica." The standard of living for the average person will also be reduced by a fair amount.
I've been saying this for 12 years. Given that this type of news reaches us on a now daily basis, it can no longer be written off as the ranting of the "conspiracy theorists" and "tin foil hat crowd."
I hope the first three suspects that undergo this are HIV+
Yes but that is the case for now. What's to stop them from going off the deep end at some point in the future?
How much longer until we have in home "safety inspections?"
Does this mean the LEOs themselves will draw the blood? LOL. If so, there's definitely a law suit in the future. Just the threat of infection is enough to have the lawyers lick their chops.
It won’t before the entire population will be engaging in criminal activity.
The Constitution does not apply. When you sign you driver liscense you waive your 4th amendment rights and all right under the constitution. Most people do not realize it. With a warrent they can draw blood. They will use your refusal as probable cause. They may even get a judge right on the spot. Some people avoid DUI by refusing a breath test and demanding a blood test. By the time they get you to a hospital for a test your BA level if you are borderline may go down.
The problem I have here from the story is that it appears that the police are requesting a breath test based merely on suspicion, and not probably cause. Suspicion is such a low standard, odor of an alcoholic beverage would be enough. Probable cause isn't the toughest standard either, but it's a whole lot more than mere suspicion.
Must be a FL thing.
This has been going on in the State of Nevada for over a decade. You can even be forced to give a blood sample. If you refuse a breath test.
How about the people to be tested just pee on the officers pant leg, then they can test that.
So what should be the ramifications of person refusing Breathalyzer when there is not death injury?
Normally I run really Libertarian; however, my daughter was hit in head-on by drunk who would not do blood alcohol test. Drunk was arrested and has a prior that lawyer managed to get exponged so it is as if drunk is first time offfender. As it stands, the drunk is going to plead guilty to a misdemeanor & get a 6-month license suspension and some “counseling.” Thing is, accident could have been much worse if daughter had not pulled up on curb to get out of driver’s way—another foot either way and could have been planning funerals.
Meanwhile daughter and 1 passenger had injuries, traumatic event for all 3 in her car, college scholarship revoked, and oh and $22,000 car totalled. The DUI lied to insurance company so my insurance had to take care of all meds, etc.
Prosecutor told me the laws are on books to protect the accused as far as drunk driving is concerned—no victims rights.
So I don’t like the idea of blood tests, but what is law enforcement to do if people won’t obey the laws—if they fail field sobriety and refuse breathalyzer, slick lawyer gets them off. So my question is what do we do to keep drunks from turning their cars into lethal weapons and wreaking havoc in others lives?
Yes we sign an implied consent waiving our right from self incrimination. Under the signature it state operating a motor vehicle constitutes consent to any sobriety test required by law. I hear if you sign and write under protest under your signature you can fight in court. But it is a waste of time taking too much money and years of trouble. But yes we waive our constitutional rights. Similar to black operations waivers to work in highly secure government programs.
I always felt that the CHECKPOINTS already are unconstitutional. I, however am not a lawyer. How do they justify forcing every person on a particular road to stop and submit to checks by the police?
Well you would like Germany. They have no constitution to worry about. They simply set up roadblocks and then test anyone they want for blood. If you fail they take your liscense ...forever. No court no trial thats it. Nobody drinks and drives but they are not free people. They just do whatever they are told without question. I do not think you run Libertarian.
As long as it takes to get Obama's "civilian security force" up and running, no doubt.
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