*No Refuse* DWI Bood Test - PeachParts Mercedes-Benz Forum

Mike Murrell · #1 11-25-2011, 01:51 PM

Stumbled across this on the WEB recently.

You're popped for driving drunk. The cop hauls you in. You're told that you WILL allow their med techs to withdraw your blood for analysis.

You refuse.

A court order is immediately signed(apparently they have a JP on duty at 2am) and you are physically restrained if need be in order to extract your blood.

TwitchKitty · #2 11-25-2011, 02:08 PM

That's a new one to me. I have been hearing other stories of new adversarial police attitudes and incidents. Sort of like the police are trying to cause problems.

Tailgating and speeding seem as popular as ever. Turn signals must be the most confusing device in the history of man, rarely used properly. We need more policing but I'm afraid it won't be coming in a welcomed form.

davidmash · #3 11-25-2011, 02:09 PM

So long as there are safe guards in place to prevent abuse I have no issue with it. There are far to many people who get killed by drunks every year. You are public roads and you are placing innocent lives at risk. The public has an interest to see that you are pulled off the road if you are DUI.

spdrun · #4 11-25-2011, 02:17 PM

What's the point? Most states automatically assume that you're drunk if you refuse a test.

leathermang · #5 11-25-2011, 02:19 PM

We have that around here.... if you are not drinking and driving you should not have any problems with it... if you are trying to ' skate the fine line' and hope to blow less than intoxicated then this is going to be worrisome..
I think this should be the norm... not just special weekends... and I have said before that first time DUI or DWI should be felony offense.... it only takes one wreck to kill other innocent sober people...
We are still obsessed with 3,000 people dieing on 9-11...
anyone know how many people PER YEAR are killed by drunk drivers..? a HUGE NUMBER.... but they happen in the dark a few at a time.. instead of being in daylight with cameras going....
When I was in Texas Peace Officer school in 1980 the instructors told us about persons being given multiple ( like 7,8,9 ) DWI sentences of probation...
No jail time.... just waiting till they killed people I guess... we were shocked when we heard that...and it is not much better now... but it is improving thanks to organizations like " MAD "....
A senseless waste of life.

spdrun · #6 11-25-2011, 02:22 PM

No problem unless a piggie uses this law to harass a sober driver that they don't like for whatever reason. The standard law where refusing means a sentence the same as a DWI works just fine without using force and turning medical professionals into accomplices to torture.

Mike Murrell · #7 11-25-2011, 02:23 PM

Quote:

Originally Posted by spdrun

What's the point? Most states automatically assume that you're drunk if you refuse a test.

"ASSUME" doesn't hold up in court.

spdrun · #8 11-25-2011, 02:25 PM

Quote:

Originally Posted by Mike Murrell

"ASSUME" doesn't hold up in court.

OK, refusal to take a test is an offense with an equal penalty and insurance damage to DWI. The refusal is the offense, technically, not the DWI. (You sign a consent form stating this when you get your license.)

Far easier to handle something like that administratively than violently. But a lot of the USA seems to be only one step above a banana republic as far as official use of force.

Here's a case from Chicago. Nurse refused to participate in the torture of a DUI suspect, so the pig arrested her as well:

Nurse Sues After Arrest – Refused To Take Blood From DUI Arrestee | CHICAGO LAWYER BLOG | PERSONAL INJURY | DUI | SUSPENDED-REVOKED LICENCES | EXPUNGEMENTS

Mike Murrell · #9 11-25-2011, 02:37 PM

Quote:

Originally Posted by spdrun

The refusal is the offense, technically, not the DWI. (You sign a consent form stating this when you get your license.)

And this is applicable in all 50 U. S. states? You know this for a fact?

spdrun · #10 11-25-2011, 02:39 PM

Quote:

Originally Posted by Mike Murrell

And this is applicable in all 50 U. S. states? You know this for a fact?

My point is that there's an alternative method of doing things that would have the same effect as this type of retarded law.

Skippy · #11 11-25-2011, 02:43 PM

When I lived in Georgia refusal to test resulted in an automatic 12 month license suspension. You were way better off getting your first or even second DUI than refusing to test. OTOH, if you were up for your fifth one, it was probably better to refuse. I don't think we do it that way in Nevada.

leathermang · #12 11-25-2011, 02:43 PM

It would be interesting in one of these types of discussions to know exactly which of the posters has had real life experience dealing with people under the influence...with their health on the line in the encounter.... IE, needing to effect certain conditions..... like getting the drunk off the road... or off the street .... and not having a way to walk away from the situation like some casual observer is able to do....

spdrun · #13 11-25-2011, 02:46 PM

Quote:

Originally Posted by leathermang

It would be interesting in one of these types of discussions to know exactly which of the posters has had real life experience dealing with people under the influence...with their health on the line in the encounter.... IE, needing to effect certain conditions..... like getting the drunk off the road... or off the street .... and not having a way to walk away from the situation like some casual observer is able to do....

The penalty would be the same -- suspension of license, fine, possible impoundment of vehicle. I don't see how having refusal carry the same penalty as a DWI would hinder the goal of getting them off the road.

Mike Murrell · #14 11-25-2011, 02:47 PM

Quote:

Originally Posted by spdrun

My point is that there's an alternative method of doing things that would have the same effect as this type of retarded law.

Point taken.

I see both sides of the argument. But like you feel that the "foreceable restraint" issue resembles the tactics police used back in the 30s. My dad used to talk about that. He would laugh when he heard the term "police brutality".

Too many cops with Attila the Hun personalities.

leathermang · #15 11-25-2011, 02:53 PM

Spdrun, IF they were exactly the same... into the future, I can go with that....but if they do not count the same for ' adding up ' in terms of future violations and added penalties then I would not... the lawyers get involved and make these things more complicated.... no blood results may equal doubt in the minds of jurors on the next one.... depending on the ability of the lawyer ....