Texas: Forced DUI Blood Test Warrants Expand

[The Judge]

More Texas jurisdictions are turning to forced blood draws to convict those suspected of DUI.

Jurisdictions within Texas are expanding programs where police use force to draw blood from motorists accused of driving under the influence of alcohol (DUI). Last week, El Paso announced it had joined Harris and Wilson Counties in a "no refusal" program specifically designed to streamline the blood drawing process.

It works as follows. An accused motorist is arrested and taken downtown. While being videotaped, he will be asked to submit to a breathalyzer test with officers specifically avoiding any mention that blood will be taken by force if the often inaccurate breathalyzer test is refused.

During key holiday weekends, a pre-assigned judge who agreed to wait by the phone will approve search warrants created from pre-written templates -- often within just thirty minutes. With warrant in hand, a nurse whose salary is often paid by Mothers Against Drunk Drivers (MADD) will draw blood while police officers exert the required level of force. In some cases, this use of force can cause permanent damage. Montague, Archer and Clay counties have similar programs except that these departments do away with the nurse and have police officers perform the blood draw themselves, despite a state law banning the practice.

Two of the twelve motorists subjected to the first blood draws in Harris County on Memorial Day weekend this year were later found to have blood alcohol levels below the .08 limit. The program will return on New Year's Eve.

[guzzi]

sikk gov shit...

[sound]

do not take any field sobriety tests if you are pulled over and you were retarded enough to have been drunk before turning the key. do not give officers reason to believe that you are intoxicated, by not incriminating yourself.

answer questions directly and do not elaborate, that is, if you are able to speak without slurring. elect not to participate in any field sobriety tests. if it looks like you're going in simply indicate that you would like legal representation before any further discussion. period. don't be a dick about it, just indicate that you'd like representation to protect your rights under the circumstance.

aside from erratic driving, which was probably why you got pulled over if you really are jacked, they will have no other basis for assuming your intoxication. the driving could be attributed to your changing the CD out, and you may have a shot at getting the case tossed.

i'm not too familiar with the compulsory blood draw. there's gotta be more to that story, but if it can be proven that they had no reasonable suspicion that you were drunk before you were taken in, then the blood evidence would probably be tossed and your case dismissed.

remember this: the words, "i detect the smell of alcohol" constitute the second most dangerous phrase to your evening's welfare after, "sir, is that a half empty handle of beam sticking out from under your seat?"

plain-view doctrine and drunk-being-a-drunkass are the two key factors to DWI prosecution.

YOU ARE NOT SAVING 50 BUCKS BY NOT TAKING A CAB, YOU ARE BETTING THAT YOU WON'T GET CAUGHT AND THE PAYOFF ISN'T WORTH IT.

conclusion: take a cab you cheap bastards.

[Big Pimpin]

I know in ALOT of states a refusal is an automatic 6 month to 1 year suspension of your license.

Tough call either way really......

If you think you are hammered I'd refuse...if you think you are borderline I'd take it

[sound]

Originally Posted by Big Pimpin

I know in ALOT of states a refusal is an automatic 6 month to 1 year suspension of your license.

Tough call either way really......

If you think you are hammered I'd refuse...if you think you are borderline I'd take it

refusal is a suspension here, too, but if you can cut them off from any reasonable suspicion then you can fight it in court.

erratic driving isn't drunk driving, and they have to have some other evidence besides that.

"i detect the smell of alcohol" is your death knell, though.