July 4 "No Refusal" weekend for DWI blood tests
http://tdcaa.infopop.net/2/OpenTopic?a=tpc&s=347098965&f=157098965&m=1751072961
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/williamson/entries/2008/07/01/district_attorney_reminds_resi.html#comments
All across Texas, for this wonderful 3-day weekend we have upcoming, our law enforcement officers will be out looking for DWI's - same as last year, same as every weekend (albeit more cops, so more probability of getting caught if you are an offender).
The scary thing is now the means by which the cops will obtain the evidence they need for the charge to stick in a court of law.
By various state and national laws and court cases, the following activities are legal law enforcement in the US:
1. Legal to set up checkpoints and roadblocks for the purposes of DWI
2. Legal to require blood sample by court-ordered warrant.
3. Judges will make themselves available 24/7 to approve blood sample warrants for DWIs.
That's scary, folks. To put it even clearer:
1. Cops will set up roadblocks to check for DWI.
2. Cops will determine "probable cause" to order a breath sample.
3. If refused, the cops will get a warrant for the blood sample.
4. The government now has the right to take your blood by force, without permission.
5. If you resist, the cops will be justified in escalating the situation with further force.
Look, I'm one of the biggest advocates I know for responsible drinking. I've also stepped behind the wheel several times when I truly shouldn't have, and have been lucky so far. But I cannot condone this level of force. Punish them in another way, maybe even one that assumes if you are unwilling to take a breathalyzer then you are guilty of the crime - but forcing blood from a person against their will is real low for a country that touts its "freedom" to the world.
I'll try and see if I can sort out some more links on this later tonight.
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/williamson/entries/2008/07/01/district_attorney_reminds_resi.html#comments
All across Texas, for this wonderful 3-day weekend we have upcoming, our law enforcement officers will be out looking for DWI's - same as last year, same as every weekend (albeit more cops, so more probability of getting caught if you are an offender).
The scary thing is now the means by which the cops will obtain the evidence they need for the charge to stick in a court of law.
By various state and national laws and court cases, the following activities are legal law enforcement in the US:
1. Legal to set up checkpoints and roadblocks for the purposes of DWI
2. Legal to require blood sample by court-ordered warrant.
3. Judges will make themselves available 24/7 to approve blood sample warrants for DWIs.
That's scary, folks. To put it even clearer:
1. Cops will set up roadblocks to check for DWI.
2. Cops will determine "probable cause" to order a breath sample.
3. If refused, the cops will get a warrant for the blood sample.
4. The government now has the right to take your blood by force, without permission.
5. If you resist, the cops will be justified in escalating the situation with further force.
Look, I'm one of the biggest advocates I know for responsible drinking. I've also stepped behind the wheel several times when I truly shouldn't have, and have been lucky so far. But I cannot condone this level of force. Punish them in another way, maybe even one that assumes if you are unwilling to take a breathalyzer then you are guilty of the crime - but forcing blood from a person against their will is real low for a country that touts its "freedom" to the world.
I'll try and see if I can sort out some more links on this later tonight.