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This new LAW sucks!! Drivers Forced to Give Blood Samples if They Refuse Breathalyzer
01-01-2011, 11:30 PM, (This post was last modified: 01-04-2011, 01:13 AM by yeti.)
#1
This new LAW sucks!! Drivers Forced to Give Blood Samples if They Refuse Breathalyzer
Drivers Forced to Give Blood Samples if They Refuse Breathalyzer Tests

By JEREMY HUBBARD and BRADLEY BLACKBURN
Dec. 31, 2010—

If history holds up, this New Year's Eve will prove to have been a deadly night on America's roads. Deaths typically shoot up about 150 percent during the holiday, as intoxicated revelers get behind the wheel.

To combat drunk driving this year, police, prosecutors, and judges in several states are turning to an aggressive and controversial tactic -- the "No Refusal" strategy. Officials in at least seven states, including Florida, Louisiana, Texas, Illinois, Arizona, Utah and Idaho, have made this a "no refusal" weekend.

The tactic is designed to close a loophole that police see all too often, when a drunk driving suspect says no to a breathalyzer test, hoping to beat any charges in court. Instead this weekend, judges in the no-refusal states will be right there on standby, ready to issue warrants so police can take a blood sample if a suspect declines a breathalyzer test. The results from the blood test provide evidence for prosecutors.

Watch "World News with Diane Sawyer" for more on this story tonight on ABC.

"The no refusal program is a unique program that brings together judges, police officers, nurses and prosecutors in one centralized facility that takes away the ability of impaired drivers to prevent the police from getting evidence," said Warren Diepraam., the chief vehicular crimes prosecutor at the District Attorney's office in Montgomery County, Texas.

According to the National Highway Traffic Safety Administration, an average of 22.4 percent of drunk driving suspects refuse breathalyzer tests. NHTSA reports that 10,839 people were killed in alcohol-related crashes in 2009, a figure that accounts for nearly a third of all traffic fatalities in the U.S.

The federal government and Mothers Against Drunk Driving have firmly supported the "no refusal" strategy as a way to curtail deaths. NHTSA says the "no refusal" program results in more guilty pleas and fewer trials.

Supporters Point to Program's Success

In Houston, where the program has been in place for several years, DUI deaths are down about 20 percent in 2009 alone and conviction rates are up.

Bexar County, Texas, which includes San Antonio, has had such success with the program that the government reportedly plans to use the "no refusal" plan on every weekend of the new year, not just on holidays.

"The program is very effective because it speeds up the DWI process," Diepraam said. "It's kind of like a one-stop shop for DWI cops ... Instead of it taking two to three hours to get a sample in a DWI case, it takes as little as 15 minutes."

Critics of "No Refusal" Policy Question Legitimacy of Warrants

Still, there are critics of the "no refusal" plan, including criminal defense attorneys and the ACLU.

"There are two problems with this. One is the potential invalidity of the search warrants," said Marjorie Esman, executive director of the ACLU of Louisiana. "If they're being issued assembly-line style, there may not be the kind of individualized investigation in each particular case that's necessary for a valid search warrant."

"The other concern is the medical privacy issue," Esman said. "We don't know what they're doing with the blood samples -- whether they're data banking it, what kind of information they're going to glean from it."

But law enforcers say that little else has worked to keep drunk drivers off roads, and they hope that this tough tactic can save lives.

Click here to return to the "World News" page.

Copyright © 2011 ABC News Internet Ventures
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As a reputed atheist, the reverential nature of his film was surprising, but Pasolini himself said &If you know that I am an unbeliever, then you know me better than I do myself. I may be an unbeliever, but I am an unbeliever who has a nostalgia for a belief.&


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01-02-2011, 08:42 AM,
#2
RE: This new LAW sucks!! Drivers Forced to Give Blood Samples if They Refuse Breathalyze
Fifth Amendment - Rights of Persons

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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01-02-2011, 08:10 PM,
#3
RE: This new LAW sucks!! Drivers Forced to Give Blood Samples if They Refuse Breathalyze
I heard this site being announced on the ruleoflawradio.com show about a year ago:
http://stopvampirecops.wordpress.com/

Excerpts from the site:

Quote:Police Chief Art Acevedo wants to use Federal grants to have APD officers trained to forcibly draw blood from drivers suspected of driving while intoxicated. We see this as a dangerous precedent; dangerous not only for the public at large but for the officers who have to bare the burden of liability when they’re forced to do the job of a trained nurse.

Chief Acevedo has publicly stated that he wants a dialogue with the public. Well, we’d love to have a dialogue with him; we want to discuss methods for prevention.

We oppose Chief Acevedo wanting to use Federal grants because:

1. it removes police off of the streets unnecessarily – It’s unnecessary because the intoxicated driver is has already been taken off the road at this point and if there’s probable cause to pull them over then they should be able to get a conviction without forcibly taking blood

2. Forcibly withdrawing blood does not STOP drivers from getting on the street. Why create a policy which only comes into play once the driver is already behind the wheel? Our aim is to prevent an intoxicated pedestrian from becoming an intoxicated driver.

3. This Federal program is a violation of our already diminishing civil liberties. Our police are meant to protect and serve; we are concerned that our police are needlessly being put into harms way WHILE VIOLATING OUR CIVIL LIBERTIES
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01-03-2011, 08:56 PM,
#4
RE: This new LAW sucks!! Drivers Forced to Give Blood Samples if They Refuse Breathalyze
This has been going down in AZ for years... when I got my last dui, in 2006, I called my lawyer and he said if I refused, that they would just call a judge and get a warrant faxed over in 20 minutes.

I would have gone with a breath test, but they insisted on blood, which is why I called my lawyer.

Just don't get blasted and drive... the amount of shit you will have to deal with is far more horrible than the cost of a cab or the inconvenience of not having your car in the morning.

Cars put a person in the most vulnerable position they can be in privacy wise. I try to use mine as little as possible.
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01-03-2011, 10:54 PM,
#5
RE: This new LAW sucks!! Drivers Forced to Give Blood Samples if They Refuse Breathalyze
(01-03-2011, 08:56 PM)psilocybin Wrote: This has been going down in AZ for years... when I got my last dui, in 2006, I called my lawyer and he said if I refused, that they would just call a judge and get a warrant faxed over in 20 minutes.

I would have gone with a breath test, but they insisted on blood, which is why I called my lawyer.

Just don't get blasted and drive... the amount of shit you will have to deal with is far more horrible than the cost of a cab or the inconvenience of not having your car in the morning.

Cars put a person in the most vulnerable position they can be in privacy wise. I try to use mine as little as possible.

Yup.
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01-11-2011, 09:00 PM,
#6
RE: This new LAW sucks!! Drivers Forced to Give Blood Samples if They Refuse Breathalyzer
yeah there is no conspiracy here just a moan about getting caught drink driving. in all honesty drink drivers help tptb with enabling them to force more and more controls.
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01-11-2011, 11:13 PM,
#7
RE: This new LAW sucks!! Drivers Forced to Give Blood Samples if They Refuse Breathalyzer
They do that in Texas, too. We know so many people who have gotten DUI's we just don't drink and drive. We have a designated driver, or we sleep over, or we just stay home. It's just not worth the risk and expense of getting caught. Eatdrink007
Don't believe anything they say.
And at the same time,
Don't believe that they say anything without a reason.
---Immanuel Kant
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01-12-2011, 08:00 PM,
#8
RE: This new LAW sucks!! Drivers Forced to Give Blood Samples if They Refuse Breathalyzer
Yea, it's been much the same way in the UK for years now.If you refuse the breath test they will just slap a guilty verdict on you as far as I am aware. Such people do as rsol suggests, help prop up the system. If not just from the fines they have to pay etc, let alone the powers police forces are given to tackle auto-mobile crime.
"He that saith he abideth in him ought himself also so to walk, even as he walked." -- 1 John 2:6
"Whatever affects one directly, affects all indirectly... This is the interrelated structure of reality." -- Martin Luther King Jr.
"He that answereth a matter before he heareth it, it is folly and shame unto him." -- Proverbs 18:13
"Everyone thinks of changing the world, but no one thinks of changing himself." -- Leo Tolstoy
"To love is to be vulnerable" -- C.S Lewis

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