Posted on 05/23/2009 4:59:50 PM PDT by Dallas59
A word of caution before you head out for the long Memorial Day weekend: It's also No-Refusal Weekend. Which means? Well, if Dallas police pull suspect you're drinking and driving, you'll be stuck with a butterfly needle attached to a vacuum-packed container, and two vials' worth of your blood will taken and tested. And, no, you can't refuse the test; hence the name, as discussed in our cover story on the very subject last month.
(Excerpt) Read more at blogs.dallasobserver.com ...
Ultimately its up to the Judge for how long you lose your driving privileges if at all
In Nevada, breath test or blood. You can’t refuse.
FMCDH(BITS)
It appears they go before a judge and get a warrant to take your blood. And they will use force to get it.
No, you CAN refuse by the 4th amendment.
Now you might not like what happens if you do (automatic license suspension), but you CAN refuse.
If you refuse and they illegally take your blood, they should be sued for all they are worth.
I may go driving around Dallas NOT drunk and see if I get an offer I CAN refuse.
Quick, everyone start pretending to be a Jehovah’s Witness and decline due to religion.
I find that hard to believe, though I don't know the law there.
AFAIK if you refuse it's automatic suspension and a court date. No license...
FMCDH(BITS)
In Tennessee it’s up to the officer. The court sees no difference between blood or breath. Rufuse and the implied consent law kicks in.
The cops have been out toda, at the underpasses on 75. They’re pulling people over for tags.
Is that Texas law?..... They now have this set up where they get a warrant and draw your blood like it or not. They have it set in a centeral location, judge on duty, nurse to draw the sample, etc. The refuser is brought in, the warrant is issued, the nurse draws the blood sample and the offender is processed..
Do you know that the above isn’t the procedure?
Hell hath no fury like a woman scorned or a regional vice-president from M.A.D.D. with too much time on her hands.
Good old MADD at its authoritarian best. Most states have refusal penalties that are roughly the same as conviction penalties, so it’s a moot issue, but apparently not in Texas. This’ll last until they get a non-drunk who’s on heparin, or a hemophiliac who bleeds to death on them. Then they’ll ‘rethink’ the idea.
This is ridiculous. I know someone with low blood sugar who sometimes faints when a blood test is taken.
I give them a stool sample if they’d hold the cup.
Probably have to pay a fine or come back.
But as said in post no. 2, they can take your licence through the courts. This is nothing new in California although I haven't heard of the blood test being used.
Who draws the blood, and how long do the results take? Right now, you blow into a machine and if it comes back negative and you’re not obviously impaired due to something else, you can drive off.
So do they take you to a hospital, where you wait for results to come from a lab, or do they have paramedics in the cruisers with an instant read machine?
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