I realize drunk driving is a serious problem but the way these folks are going about fighting is just plain wrong to me. If you refuse a breathalizer they get a search warrant and forcibly draw blood. In the video they describe it as mandatory. To me that says they have a judge rubber stamping search warrants. To me no search or arrest warrants should ever be rubber stamped. http://www.myfoxatlanta.com/video?a...=default&clipId=9037543#.Uc7n6x84kQc.facebook
In the UK and Canada if you refuse a breathalyzer you are charged with "refusing to provide a sample" - the penalty is almost exactly the same as it is for drunk driving. I disagree with a "forced draw" when other options fit the bill far less intrusively
They could always take the breathalyzer. As far as I'm concerned, refusing to provide a sample of breath is sufficient probable cause for a warrant to draw blood. I prefer the UK system though where a refusal is as good as a confession.
Exactly. Just reminds me of a story.... In the UK, there was a Police Officer who had blood spat at her by another woman (known for drug addiction), who then claimed she had HIV. Officer rushed to hospital and enquiries were made if they could draw blood from the woman who spat. It was apparently deemed that it would be against her Human Rights to be forcefully drawn blood/DNA to confirm if she had HIV. Imagine what that PC was feeling in the hospital, not knowing if she had contracted a disease of some sort.
Of course that goes without saying...but you would think with that kind of assault, someone would rule an order of forced draw for it.
I don't know anything about blood tests so sorry if its a dumb question, but in the time it took to get a court order to draw blood, take it and get it analysed couldn't they have got the cops results back? I'm against forced draws. The idea of pinning someone down and injecting them doesn't work for me especially not for something as relatively trivial as a DUI.
This is also the law in much of the US, including Georgia, where this story takes place. Usually includes losing your license for a year plus a fine. I guess a refusing to submit a breathalyzer isn't good enough for these guys.
That's why I said relatively. I'm not saying its a minor crime and doesn't carry substantial risks and is potentially lethal. In my head I was tying to think of the kind of person I would feel comfortable envisioning being forcibly restrained and having blood taken and I struggled. And I mean I was thinking about people like Breivik and even then was struggling to find it an acceptable image. Compared to someone like that, I am going to say a drunk driver is relatively trivial.
Ok that makes it a bit clearer I sometimes hate the fact the flow of conversation gets broken so much on boards!
In my state if you refuse you get the highest rating and stiffer penalties. I have gotten search results for Blood Alcohol Content ratings but only if they've been hospitalized.
Blood is almost without exception only taken at our end if it is impracticable (usually due to injury/unconsciousness) to obtain a breath sample. A warrant is still required to do so. It usually is only found in serious collision investigations.
I agree. Drunk driving is a serious problem, especially because usually, the ones doing it are not the ones who die. The breathalyzer test is first. Then if you contest the results, you can request a blood test.
I believe that if you refuse a breathalyzer in any US State then you will be ensuring a trip to the hospital, a forced blood withdrawal which will always be rubber stamped, and a huge hospital bill, and if you're unfortunate, plenty of hefty fines, future court fees, future classes in praying your substance abuse away, and potential jail sentencing. Cha-ching! Oh, capitalism.
In Australia if you refuse a breath test you are given an automatic 2 year driving suspension and that is the end of that you have no come back.
Breathaliser gives grounds to obtain samples, then blood or urine are taken. Blood is usually preferred. Failure to provide the sample at either stage is equivalent to a positive sample.