Forced blood draw for DUI suspects

Discussion in 'Off Topic Area' started by Dave76, Jun 29, 2013.

  1. Dave76

    Dave76 Valued Member

    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
     
  2. Hannibal

    Hannibal Cry HAVOC and let slip the Dogs of War!!! Supporter

    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
     
  3. holyheadjch

    holyheadjch Valued Member

    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.
     
  4. Mushroom

    Mushroom De-powered to come back better than before.

    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.
     
  5. holyheadjch

    holyheadjch Valued Member

    You'd take the preventative treatments anyway.
     
  6. Mushroom

    Mushroom De-powered to come back better than before.

    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.
     
  7. Southpaw535

    Southpaw535 Well-Known Member Moderator Supporter

    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.
     
  8. Hannibal

    Hannibal Cry HAVOC and let slip the Dogs of War!!! Supporter

    DUI's are absolutely NOT trivial at all
     
  9. Dave76

    Dave76 Valued Member

    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.
     
  10. Southpaw535

    Southpaw535 Well-Known Member Moderator Supporter

    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.
     
    Last edited: Jun 29, 2013
  11. Hannibal

    Hannibal Cry HAVOC and let slip the Dogs of War!!! Supporter

    Ok that makes it a bit clearer :)

    I sometimes hate the fact the flow of conversation gets broken so much on boards!
     
  12. Kuma

    Kuma Lurking about

    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.
     
  13. Hannibal

    Hannibal Cry HAVOC and let slip the Dogs of War!!! Supporter

    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.
     
  14. holyheadjch

    holyheadjch Valued Member

    I think the suspect has to request a blood sample in the UK. So completely the opposite.
     
  15. Count Duckula

    Count Duckula Valued Member

    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.
     
  16. John R. Gambit

    John R. Gambit The 'Rona Wrangler

    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.
     
  17. Hannibal

    Hannibal Cry HAVOC and let slip the Dogs of War!!! Supporter

    There is probably a lesson in that but can't quite put my finger on it.............
     
  18. GSHAMBROOKE

    GSHAMBROOKE Thats Tarm Sarm

    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.
     
  19. Ben Gash CLF

    Ben Gash CLF Valued Member

    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.
     
  20. John R. Gambit

    John R. Gambit The 'Rona Wrangler

    Yeah, and the laundry list of potential side-effects accompanying them.
     

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