Drawing blood in DWI cases without warrant unconstitutional

[Forever_frost]

All i read was "I was busted, but I'm going to do my best to not be busted."

All I read was "I'm a subject, dependent on the whims of the king." Yeah sorry, citizens in a Republic have Rights not granted by government, but by our Creator

[Broncojohnny]

I find it amusing that Magnus is all for expansion of police powers in a thread originating from cases where they took that idea too far.

[racrguy]

All I read was "I'm a subject, dependent on the whims of the king." Yeah sorry, citizens in a Republic have Rights not granted by government, but by our continued fight to keep them

Ftfy.

[Gasser64]

What about driving high?

[kingjason]

http://www.usnews.com/news/articles/...cocaine-heroin

[racrguy]

http://www.usnews.com/news/articles/...cocaine-heroin

Oh, that's cool. Get a warrant.

[Gasser64]

Oh, that's cool. Get a warrant.

Pretty sure they don't have to have a warrant to breathalyze you. You can refuse, but its not going to go well for you. Heres the kicker, if youre not drunk driving the test will clear you and there is nothing else they can do. Theyll just let you go.

http://www.criminaldefenselawyer.com/resources/refusing-perform-a-breathalyzer-or-provide-a-blood-sa

Refusing to Provide a Sample for a Chemical Test

In many states, drivers who refuse to submit a sample for a chemical test after arrest, including a Breathalyzer, will automatically have their driver's licenses suspended or revoked, under the state's “Implied Consent Law.” This law requires every driver, as a condition of receiving a driver's license, to agree to take chemical tests if arrested for driving under the influence. The law further provides that any refusal will result in suspension or revocation (regardless of the outcome of any underlying DUI or DUID prosecution). The length of the suspension varies from state to state, but one year is the most common term.

Implied Consent Laws occasionally also apply to all chemical tests, including roadside breath tests. In these states, any time an officer asks a suspect to take a breath test or provide a blood or urine sample, the person’s license can be suspended if he or she refuses.

In some states, a driver cannot be penalized for refusing a test unless the officer first informs the driver that the driver has no right to refuse. In addition to a license suspension, in some states the officer can also testify about a driver’s refusal to provide a sample if the case later goes to court, and the judge or jury is entitled to consider this refusal as evidence of intoxication.

[CexMashean]

Guys, guys. . . lets not be harsh on the criminals. It's only your family they could kill. We need to make sure we tie our legal system up as much as possible, and make it as easy as possible to keep them on the streets and behind the wheel. 2+tons at 80+mph while drunk is nothing to worry about. Nothing to see here.

[racrguy]

Pretty sure they don't have to have a warrant to breathalyze you. You can refuse, but its not going to go well for you. Heres the kicker, if youre not drunk driving the test will clear you and there is nothing else they can do. Theyll just let you go.

http://www.criminaldefenselawyer.com/resources/refusing-perform-a-breathalyzer-or-provide-a-blood-sa

Refusing to Provide a Sample for a Chemical Test

In many states, drivers who refuse to submit a sample for a chemical test after arrest, including a Breathalyzer, will automatically have their driver's licenses suspended or revoked, under the state's “Implied Consent Law.” This law requires every driver, as a condition of receiving a driver's license, to agree to take chemical tests if arrested for driving under the influence. The law further provides that any refusal will result in suspension or revocation (regardless of the outcome of any underlying DUI or DUID prosecution). The length of the suspension varies from state to state, but one year is the most common term.

Implied Consent Laws occasionally also apply to all chemical tests, including roadside breath tests. In these states, any time an officer asks a suspect to take a breath test or provide a blood or urine sample, the person’s license can be suspended if he or she refuses.

In some states, a driver cannot be penalized for refusing a test unless the officer first informs the driver that the driver has no right to refuse. In addition to a license suspension, in some states the officer can also testify about a driver’s refusal to provide a sample if the case later goes to court, and the judge or jury is entitled to consider this refusal as evidence of intoxication.

It's 90 days in Texas, and I'll take a license suspension long before I take a DUI. Let's be real though, if they suspend your license are you gonna stop driving?

Magnus, you have to be trolling. At least I hope you aren't as fucking stupid as you're coming across.

[CexMashean]

It's 90 days in Texas, and I'll take a license suspension long before I take a DUI. Let's be real though, if they suspend your license are you gonna stop driving?.

Why would you take 90 days? Aren't you driving sober? I'm confused. Are you saying you wouldn't blow because you'd fail?

[Trip McNeely]

I see both sides, I don't like my rights violated, but I also don't like habitual drunk driving assholes getting by either.

[Forever_frost]

Guys, guys. . . lets not be harsh on the criminals. It's only your family they could kill. We need to make sure we tie our legal system up as much as possible, and make it as easy as possible to keep them on the streets and behind the wheel. 2+tons at 80+mph while drunk is nothing to worry about. Nothing to see here.

Guys, guys... let's not be harsh on the cops. When they stop you, you should ALWAYS permit a search of your vehicle and then invite them home to do the same because, if you have nothing to worry about....

[Gasser64]

Guys, guys. . . lets not be harsh on the criminals. It's only your family they could kill. We need to make sure we tie our legal system up as much as possible, and make it as easy as possible to keep them on the streets and behind the wheel. 2+tons at 80+mph while drunk is nothing to worry about. Nothing to see here.

Problem is you KNOW it will be abused, thoroughly. IIRC ive seen you post something on here about cops being able to "fuck up someones life" or something similar. This would be one of those times for sure

It's 90 days in Texas, and I'll take a license suspension long before I take a DUI. Let's be real though, if they suspend your license are you gonna stop driving?

I wouldn't be able to I have to work. I got bills just like the next guy. However if you happen to get pulled over again during that time (and with my luck I would have a dead tail light or something equally unforeseeable) then its going to get a lot worse for you. I have heard of people getting permits just to go to work and back though

I know an alcoholic who frequently drives drunk. Because there are rarely times when he isnt drunk. How he still has a license i cant fathom. He even ran over a wellhead owned by chesapeake and destroyed a lot of it, and cost them who knows how much money. Which he got away with, cause he ran away as his truck burned.

[kingjason]

Oh, that's cool. Get a warrant.

Excuse me sir, I'm going to need you to blow right hereeeeeeeee.........


To be honest I would say prescription drugs are a much bigger issue than recreational drugs. I have seen people on scripts whacked out of their freakin minds. I just posted that because he asked about them but I doubt anyone has those yet in actual use.