I’d have to be a lot more than merely .08 for someone to draw a blood sample if I didn’t want them to: I’d have to be unconcious.
But I wouldn’t be the only one...
This is Texas. They like to take your land, your kids and now your blood. This state is nearly out of the hands of the people.
This has gotta be unconstitutional as in unlawful search and seizure.
Simple solution: DON”T DRIVE DRUNK!
Im many states, If you refuse a test, you lose your license for 6 month. It ststes that in the form you sign when renewinng your license.
Let's not forget Prohibition, and how the good intentions of the movement resulted in an amendment to the constitution which in turn, created one of the most violent criminal episodes in American History.
Well meaning busybodies throughout the country, not just San Antonio, are repeating a historical mistake through ignorance of what is a relatively recent past event.
If they have probable cause to believe you are drunk, they should have some way to enforce the law. However, I’d support allowing you to refuse, but this resulting in automatic suspension of your license for some period (or some other penalty that does not involve criminal penalties).
Actually I’ve heard, for reason such as these, that people arrested for DUI have a pretty good chance of beating the rap IF they are willing to shell out the money for a good attorney that will bring up issues such as this. There is a local attorney that claims that over 70% of his DUI clients are cleared...
What happened to the Bill of Rights? Did those get repealed when I wasn’t looking?
I can see using refusal to submit to breath or blood tests as admissible evidence in a criminal case against a suspected drunk driver, but forcibly taking blood is not acceptable in the America I thought I lived in.
bflr
Anyone who thinks this is a good thing must go orgasmic over DUI checkpoints.
I'd say this constitutes an unreasonable escalation in force on the part of the police. Hope they are ready for what comes next.
Someone comes for my blood, they’d best be well prepared to give a lot more of their own!!
I’m just sayin’....
After that, as punishment for your resistance, a police officer will come to give you a Rape of Atonement, so that you will be spiritually cleansed of your sins.