No refusal weekend!!! HAVE A DD

[CexMashean]

i made it home, and i don't know how.

[Silverback]

Yea, go try it and see how that works out for you. The police can take blood from a needle prick, or any body part that is bleeding.

True, but I can also refuse any testing, talking, or cooperation until my lawyer is present as I'm unaware of what my rights are, and the police can try to get me to consent while I wait for my attorney, but then they have one hell of a court case to fight in the end.

[GhostTX]

Is that illegal in Texas yet, or still governed by the local municipalities? Here in Cali it's a $350 fine if you get caught on the phone or texting, unless it's hadnds-free.

Just in school zones.

[03trubluGT]

True, but I can also refuse any testing, talking, or cooperation until my lawyer is present as I'm unaware of what my rights are, and the police can try to get me to consent while I wait for my attorney, but then they have one hell of a court case to fight in the end.

That's movie stuff right there.

Oh, and the police won't fight the legalities. The DA will.

[Broncojohnny]

True, but I can also refuse any testing, talking, or cooperation until my lawyer is present as I'm unaware of what my rights are, and the police can try to get me to consent while I wait for my attorney, but then they have one hell of a court case to fight in the end.

Don't worry Matt, they have done away with all that stuff in that pesky constitution. All they needed was a judge with a big rubber stamp.

[Machx2]

True, but I can also refuse any testing, talking, or cooperation until my lawyer is present as I'm unaware of what my rights are, and the police can try to get me to consent while I wait for my attorney, but then they have one hell of a court case to fight in the end.

You will also be strapped down in a chair and blood taken from you lol. You don't have to say a word, your lawyer can watch if thats what he likes to get off on.

[Silverback]

That's movie stuff right there.

Oh, and the police won't fight the legalities. The DA will.

Movie stuff? That's what every DWI attorney will tell you to do. Don't refuse anything, just state that you don't feel comfortable making any decisions until your attorney is present.

A judge may still suspend your license for refusing to participate in testing, but it could keep a dwi off of your record. Again you still have the cameras to fight, but that's what a good attorney is for.

Even with a no refusal weekend, I bet there are some really good attorneys who have field days with the courts over personal rights being limited or abused.

[Osiris]

Movie stuff? That's what every DWI attorney will tell you to do. Don't refuse anything, just state that you don't feel comfortable making any decisions until your attorney is present.

A judge may still suspend your license for refusing to participate in testing, but it could keep a dwi off of your record. Again you still have the cameras to fight, but that's what a good attorney is for.

Even with a no refusal weekend, I bet there are some really good attorneys who have field days with the courts over personal rights being limited or abused.

It hasn't been ruled in the Supreme Court yet. It's going to be interesting to see how all this ultimately winds up. Anyhow, If a Judge does sign off on a search warrant for your blood, you cant refuse. You can fight all you want, but ultimately you'll get strapped down, and blood drawn from an IV this weekend. Unfortunately, I had that fight this weekend.

If it's you in the chair, just go with it, and fight out the legalities of it all in court. It's not worth getting more charges filed on BC you think you're getting the screw.

[Silverback]

You will also be strapped down in a chair and blood taken from you lol. You don't have to say a word, your lawyer can watch if thats what he likes to get off on.

so based on my rights that you read to me upon my arrest, you immediately violate them?

"You have the right to remain silent. Anything you say or do can and will be held against you in the court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?"

Basically you are saying I no longer have the right to remain silent or to an attorney before you decide to take my blood?

[Unicorn Jeff]

Movie stuff? That's what every DWI attorney will tell you to do. Don't refuse anything, just state that you don't feel comfortable making any decisions until your attorney is present.

A judge may still suspend your license for refusing to participate in testing, but it could keep a dwi off of your record. Again you still have the cameras to fight, but that's what a good attorney is for.

Even with a no refusal weekend, I bet there are some really good attorneys who have field days with the courts over personal rights being limited or abused.

I know a few people that don't have cameras on their squad cars

[Silverback]

It hasn't been ruled in the Supreme Court yet. It's going to be interesting to see how all this ultimately winds up. Anyhow, If a Judge does sign off on a search warrant for your blood, you cant refuse. You can fight all you want, but ultimately you'll get strapped down, and blood drawn from an IV this weekend. Unfortunately, I had that fight this weekend.

If it's you in the chair, just go with it, and fight out the legalities of it all in court. It's not worth getting more charges filed on BC you think you're getting the screw.

Again, i'm not saying anyone should refuse anything. You should just ask to have your attorney present before you make any decisions, as it's your right to consult an attorney to help you interpret the laws.

[Silverback]

Oh, and the police won't fight the legalities. The DA will.

I understand that, but you're all on the same team there captain obvious

[Osiris]

so based on my rights that you read to me upon my arrest, you immediately violate them?

"You have the right to remain silent. Anything you say or do can and will be held against you in the court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?"

Basically you are saying I no longer have the right to remain silent or to an attorney before you decide to take my blood?

The Miranda Rights... Ok, how do I explain this?

If you're being questioned, you have the right to refuse to answer any question. You don't have to say where you came from, how much you drank, refuse SFST's etc. However, if the officer feels that you are still operating a motor vehicle on a public roadway while intoxicated, you may still be arrested. If you then refuse the breath test, the officer may obtain a search warrant for your blood. At that point, there is NOTHING you can do to refuse that. Like I mentioned in my above post, just dispute the legalities in court.

Again, i'm not saying anyone should refuse anything. You should just ask to have your attorney present before you make any decisions, as it's your right to consult an attorney to help you interpret the laws.

Absolutely its your right to have an attorney present with you during questioning... HOWEVER, during a traffic stop, arrest process, DWI investigation etc, an attorney won't be allowed to intervene with the investigation roadside. I've NEVER had an attorney present during a blood draw, because officers typically don't allow the defendants to make phone calls during the arrest process. The attorney cannot interfere with the blood draw process after a warrant has been issued for it.

[Big A]

IMO it's not a fight worth fighting, constitutional or not. You'll spend A LOT more money than cab fare, or even renting a limo for the day.

[Osiris]

IMO it's not a fight worth fighting, constitutional or not. You'll spend A LOT more money than cab fare, or even renting a limo for the day.

This. And I'm sure it's been said somewhere here before, but why risk it when it's publicly announced before hand all over the media that it's a no refusal weekend, anyway?