Drunk License Holder in Friendswood Arrested

[speedsix]

...back when in La., we'd only draw blood if they refused the breathalyzer...and had to have the coroner do it...try dealin' with an angry sleepy Dr. and a rebellious drunk at the same time...good thing for both Tasers hadn't been invented...

[Keith B]

Any felony DWI will get a mandatory draw:

3rd or more

Child passenger

Additionally, for a collision, there doesn't have to be injury, just a person being taken to the hospital, either by friend, family, or medics.

Else, you need a warrant. And The law needs a clarification, since legislative intent is to allow for blood warrants signed by judges of a court of record. See the updated DIC-24 form - it will include warning about a warrant.

The case I was called for was a mandadtory draw on a 'No Refusal Weekend' where they had a Judge set up and ready to issue on any refusal. It was the defendanats first DWI offense. I was actually suprised that info was disclosed in the voir dire, btu think the defense wanted to try and gain as much sympathy as they could before selection.

[gigag04]

Any felony DWI will get a mandatory draw:

3rd or more

Child passenger

Additionally, for a collision, there doesn't have to be injury, just a person being taken to the hospital, either by friend, family, or medics.

Else, you need a warrant. And The law needs a clarification, since legislative intent is to allow for blood warrants signed by judges of a court of record. See the updated DIC-24 form - it will include warning about a warrant.

The case I was called for was a mandadtory draw on a 'No Refusal Weekend' where they had a Judge set up and ready to issue on any refusal. It was the defendanats first DWI offense. I was actually suprised that info was disclosed in the voir dire, btu think the defense wanted to try and gain as much sympathy as they could before selection.

Search Warrants, IMO, are a legitimate bypass to the draw restrictions...Much like a search or arrest warrant can bypass other explicit restrictions on privacy in CCP. I would've been interested in sitting in on the case. Since I get blood on everyone, I don't have to go to court hardly ever on DWI.

If it bleeds, it pleads :)

[Keith B]

Search Warrants, IMO, are a legitimate bypass to the draw restrictions...Much like a search or arrest warrant can bypass other explicit restrictions on privacy in CCP. I would've been interested in sitting in on the case. Since I get blood on everyone, I don't have to go to court hardly ever on DWI.

If it bleeds, it pleads :)

The problem I have with this is the law states you can refuse a BAC and there is a penalty for that. Forcing a blood draw just because a Judge will issue a warrant is way overboard and bordering on rights violations IMO.

Don't get me wrong, I have no problem with the felony violation force on BAC, but for misdemeanor violations it should not be allowed.

Personally, I hope that someone takes this to court on rights issues and beats it.

[gigag04]

Search Warrants, IMO, are a legitimate bypass to the draw restrictions...Much like a search or arrest warrant can bypass other explicit restrictions on privacy in CCP. I would've been interested in sitting in on the case. Since I get blood on everyone, I don't have to go to court hardly ever on DWI.

If it bleeds, it pleads :)

The problem I have with this is the law states you can refuse a BAC and there is a penalty for that. Forcing a blood draw just because a Judge will issue a warrant is way overboard and bordering on rights violations IMO.

Don't get me wrong, I have no problem with the felony violation force on BAC, but for misdemeanor violations it should not be allowed.

Personally, I hope that someone takes this to court on rights issues and beats it.

It's been done, and failed. DWI is too dangerous and kills way too many people to let people skirt, and Texas ismonenofnthe worst states in the nation. It's even gone up to higher courts and fallen flat. 4th amend claims fall flat against warrants issued by probable cause.

[Ameer]

Sounds great. If the cops want DNA from a suspect, just do a pretext stop for drunk driving and take his blood.

Viola! DNA without the annoying hassle of getting a warrant.

[dihappy]

Those few states that allow conceal carry without a license, would obviously had no impact on this guy if they DID require a license.

[gigag04]

Sounds great. If the cops want DNA from a suspect, just do a pretext stop for drunk driving and take his blood.

Viola! DNA without the annoying hassle of getting a warrant.

How do you get blood w/o a warrant except for the select few exceptions?

[speedsix]

...well one time on Law and Order.....

[speedsix]

Search Warrants, IMO, are a legitimate bypass to the draw restrictions...Much like a search or arrest warrant can bypass other explicit restrictions on privacy in CCP. I would've been interested in sitting in on the case. Since I get blood on everyone, I don't have to go to court hardly ever on DWI.

If it bleeds, it pleads :)

The problem I have with this is the law states you can refuse a BAC and there is a penalty for that. Forcing a blood draw just because a Judge will issue a warrant is way overboard and bordering on rights violations IMO.

Don't get me wrong, I have no problem with the felony violation force on BAC, but for misdemeanor violations it should not be allowed.

Personally, I hope that someone takes this to court on rights issues and beats it.

It's been done, and failed. DWI is too dangerous and kills way too many people to let people skirt, and Texas ismonenofnthe worst states in the nation. It's even gone up to higher courts and fallen flat. 4th amend claims fall flat against warrants issued by probable cause.

http://www.politifact.com/texas/stateme ... on-drunk-/" onclick="window.open(this.href);return false;

...now if they want to adopt zero-tolerance policies somewhere...this seems like a good place!!!