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248 Comments
- shrudheuie, on 05/23/2009, -4/+98Only in Texas can the mantra "small government" be synonymous with "regulate sex" and "no right to refuse."
- lisaawesome, on 05/23/2009, -0/+82Aside from the serious invasion of my privacy this would cause, some of us have medical conditions that prevent us from having blood drawn. I would like to know how they intend to address this. A cop is not a medical professional and cannot assess medical conditions. Putting them in charge of a medical procedure on the side of the road doesn't seem like the best idea.
- EpicSelekta, on 05/23/2009, -3/+75Haven't they ever heard of a breathalyzer?
- LouisCipher777, on 05/23/2009, -3/+74I live in dallas, and let me tell you, no cop is sticking a needle in my arm. period. they can take their "no right to refuse" and shove it. The law says you can't refuse a breathalizer, which is fine, but a cop, with 6 hours of medical training, is not jabbing me with a needle.
what next, a spinal tap? - Lunarsight, on 05/23/2009, -1/+53While I agree that drunk-driving is a serious issue, I would think the search warrant procedure that must be followed before rummaging through a person's possessions would also apply to a person's blood. It doesn't seem right that they can take a person's blood without his consent.
There are a few exceptions where a search warrant wouldn't be needed, but I think it's an uphill battle applying them to this scenario. Under normal circumstances, the police can search without a warrant if there's an imminent threat to people, or if there's a risk of evidence being destroyed if they don't act quickly. I could see this being applied to some of the people they likely stopped, but probably not all of them. - Lleu, on 05/24/2009, -0/+47For the spinal tap they need 11 hours of training.
- DesignerDave, on 05/23/2009, -2/+42In a system where the police keep us accountable, who keeps them accountable?
- inactive, on 05/23/2009, -10/+47I hope this doesn't come to a town near me. Coming at me with a needle, without my consent, is a great way to get shot.
- icemonster, on 05/23/2009, -2/+36They've heard of a breathalyzer..they take your blood if you refuse it. I live in Austin where they have been doing this for quite some time and I totally believe its an invasion of our rights though.
- thejuiceispimp, on 05/23/2009, -0/+30Lets turn the game against them. Claim that your religion does not allow you to give blood. They cant ***** with freedom of religion too! Thats just unamerican!
- inactive, on 05/24/2009, -1/+30this isn't new or for memorial day and they will probably be primarily using a breathalyzer. i know this because 5 years ago i got a DUI and requested a blood test but they said no and made me do a breathalyzer - it's cheaper. this law is called the implied consent law. the idea is that you agree to be sobriety tested just by using your license. you CAN refuse but you automatically lose your drivers license for 6 months (unless you have a good lawyer and get lucky with the cop not showing up to the hearing). and if you want to get out of a DUI - refuse - "I do not consent to any searches" - and if they still stick a needle in your arm any lawyer worth a ***** will be able to get you out of it. the constitution still matters
oh yea- also - don't drive drunk. these cops are doing a great job even if they are bowing to MADDs fascist tactics.
a defense lawyers perspective:
http://www.dallascriminaldefenselawyerblog.com/200 ... - inactive, on 05/24/2009, -1/+25I'm a hemophiliac, come take my blood so I can make a million on the lawsuit.
- Tarkaan, on 05/24/2009, -0/+24No, first they do an ANA to check for Lupus, *then* they do the LP to check for infection. After those come back negative, House calls them all idiots and has Foreman check the home. Don't you watch the show?
- maz2331, on 05/24/2009, -0/+23In PA you can refuse all tests, but the refusal itself is treated as admission of being in the "highest category" of DUI, and adds an automatic additional year of license suspension.
- GoKings, on 05/23/2009, -0/+22The law in California is:
1. You can refuse the breathalyzer but
2. They will take you to the station
3. You can refuse the station's breathalyzer
4. They will draw your blood
Either way, you don't have a choice. - JohnnySoftware, on 05/24/2009, -2/+23Pretty smart. Puncture wounds administered in a state that is one of the hardest hit by H1N1 swine flu virus, by people who interact with large members of the public every day - getting tactile and handling them and their property. And not even medically-trained, medically-educated ones at that. Let's see. So was this the worst idea they had in terms of trying to stop the spread of this virus - or did they actually have one they decided to hold back because it might not be the right TIME and PLACE?! You probably would not want to use a breathalyzer in Texas either right now. So best thing is probably not to drink and drive.
- trodemaster, on 05/24/2009, -0/+19MADD Destroying lives and oppressing the poor for their own vengeance...
That said get a designated driver people! Or party someplace you don't have to drive home from. It's that simple.. - inactive, on 05/24/2009, -0/+18So if a guy rapes someone should he be able to refuse to allow detectives to test his DNA to see if his DNA matches him?
- ZhiZaki, on 05/23/2009, -6/+24"Don't worry about it officer.... go ahead and have a few pints...... hell, I've already about 6 myself......Ooops"
- Tokenmac, on 05/24/2009, -0/+17Even better don't say that until after they take the blood, claim you're to drunk to refuse, then sue the city's pants off (or for ownership of that stupid 100 million dollar hotel).
- unknownpoltroon, on 05/24/2009, -1/+17So would jabbing myself in the arm and then flinging droplets of blood at the cops be assault, or complying enthusiastically?
- JesusHimself, on 05/24/2009, -0/+16It's never Lupus
- CaptObvious, on 05/24/2009, -1/+17Why does the 5th Amendment only cover speech? Self-incrimination is incrimination, period.
- ToxicTexan, on 05/24/2009, -2/+18The Watchmen?
- kreatre2007, on 05/24/2009, -0/+15How nice. I guess Dallas has trimmed a little fat off the Constitution -- That pesky 4th Amendment!. The ***** I can't refuse! I'll go to jail before I let those pigs siphon blood from me! They're not trained medical professionals.
- GoKings, on 05/24/2009, -0/+15No, you can legally refuse the breathalyser on the grounds that you feel that it is not accurate enough. But then they must take your blood.
- dampeal, on 05/23/2009, -2/+17I hate needles... good thing I don't drink and/or live in Texas I guess
- whiteness81224, on 05/24/2009, -3/+17Roadside Biblelyzer, too?
- DangerCollie, on 05/24/2009, -3/+17Way to demonstrate what freedom and independence really means, Texas. Roadblocks and forced medical procedures.
And they want to secede I say we kick them out. - inactive, on 05/23/2009, -0/+13Sorry but this story is as True as the Texas sun is hot.
- Doctoxicated, on 05/24/2009, -0/+13Is this a subtle hint that they want more needle friendly individuals on the road?
What happens if a driver has their own needle that they want to use? - 3nder99, on 05/24/2009, -0/+13I don't know if you noticed, but the police stopped caring about following the rule of law long ago.
Ever since they realized judges would back them up almost without fail, they can do as they wish. - LouisCipher777, on 05/24/2009, -2/+15no one. checks and balances is relegated to the pages of history.
- stifford, on 05/24/2009, -1/+14I wonder how many drunk cops will not have their blood taken if/when they get pulled over.
- inactive, on 05/24/2009, -0/+12MADD isn't at all concerned with civil liberties. They are fanatical.
- kmb1794, on 05/24/2009, -0/+12THIS...IS...MADDNESS!
- postitnote, on 05/24/2009, -0/+12Duh, if it was lupus, they wouldn't need to do a LP.
- overtoke, on 05/24/2009, -4/+16not true. judges are corrupt.
- VenDrake, on 05/24/2009, -0/+11I think you missed the point of the article. You could be sober for 10 years straight; you could be just passing through. According to this article, the police can legally hold you down and TAKE a blood sample. It's happened to 5 innocent people already. Not to mention, they're setting a precedent -- complacency spreads this ***** like butter on bread.
- inactive, on 05/24/2009, -3/+14what do you have against the 5th amendment?
- hawk196, on 05/24/2009, -0/+11"Sir I just gave blood earlier today and am also extremely underweight. If you take any of my blood today, I will likely pass out and fall into a coma. You don't want that on your conscience do you?"
- Ouze, on 05/24/2009, -0/+11it's not lupus
- ShingoEX, on 05/24/2009, -0/+10Hemophiliacs, watch out!
- mikelieman, on 05/24/2009, -0/+10What if the cop is lying about his supposed "Probable Cause?"
- GovernmentsGun, on 05/24/2009, -1/+11Remember, the country is no longer 'by the people, for the people', it's an oligarchy. And you belong to the state.
- Soniti, on 05/24/2009, -2/+11Having a Judge on site is ***** ridiculous. The legal process in America is so ***** backwards.
- inactive, on 05/24/2009, -3/+12no one is saying that you should drive drunk. the issue here is your rights. this practice completely violates your 4th 5th and 6th amendment rights. but who gives a crap about those anyway. your not going to ever need any of your rights unless your are breaking the law. we should ban rights because only criminals need those rights. and regarding the car business -
"In 2006, there were 13,470 fatalities in crashes involving an alcohol-impaired driver (BAC of .08 or higher) – 32 percent of total traffic fatalities for the year."
http://www.alcoholalert.com/drunk-driving-statisti ...
that means a little under 30,000 fatal car accidents not involving a drunk driver. ever had road rage or driven stupidly or way too fast or texted while driving? if so than you are just as bad as those drunks. do me a favor and start giving a ***** about your rights (unless you live in a country without those rights or similar ones in which case sucks for you) - inactive, on 05/24/2009, -2/+11missed the edit - judges pencil whipping warrants is absolutely disgusting - also it's disgusting that you can get probation in Texas for pounds of cocaine and not have it be on your record but not a DWI
- DivisibleByZero, on 05/24/2009, -0/+9The 5th amendment applies to suspected rapists just as much as it does to suspected drunk drivers. So yes, if drawing blood from a suspected drunk driver violates it, then drawing blood from a suspected rapist violates it as well.
NFunspoiler brings up a very interesting point. I'd consider a blood test to be more like a property search than an interrogation. And they don't need your permission to search your property, just a warrant.
My understanding of these is that they have a judge sitting by to just rubber-stamp a warrant as soon as the cops ask for one. I might or might not be right about that. - moger777, on 05/24/2009, -2/+11This is total insanity. This cannot be constitutional. I hope they get the ***** sued out of them.
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