Police Chief Art Acevedo Wants to Draw Blood for Texas DWI in Austin

You are surprised? The Bush Administration has aggressively and successfully attacked Americans’ 4th and 10th Amendments Rights, aided by their lapdog Supreme Court and the cowardly, co-opted and complicit Congress.

The Roman Empire lasted, all in all, around 600 years. We in America will be lucky to make it to 250–but isn’t it interesting to note that the Fall of both Empires corresponds exactly and accurately to the rise of Fundamental Christians in the bureaucratic power structure.

I’m just sayin’…

This is how they want to build the national identification database, and the DWI is just a ruse to get the blood for DNA samples...

Absolutely illegal. This is a medical procedure that is to be performed by medical professionals. A person has the right to chose which medical procedures they want to submit to. If an officer were to extract blood by force, this would be assault and battery - no "force" is reasonable in this situation. Complete insanity. They would literally have to kill me first to get a blood sample. "Resistance is not futile - it's mandatory!"

Unfortunately all you have to do is to see one of the "JAIL" programs on the Austin CW TV programing to understand that any protest at all is reacted to as if it was an attack to the officers involved. Passivity is the only response that will keep you safe once arrested. Safe meaning out of brutally applied hand cuffs or the "chair" or a human mussel of sorts. The bizarre scene is related in the show as if the officers are in the "right" ...I wonder if Virginia ever learned why she was there...she kept saying "I did not do anything wrong..." she was at her home ..she had consumed some alcohol...but why was she there. The truth is that a person has no voice until they are out of JAIL and with a Lawyer and even that is suspect depending on the Lawyer you pick and the advice he gives.

This is great!!Btw, it's not violating any rights; police would be allowed to get a blood sample before from a dwi suspect, if they refused a breath test-however it would have to be done by a nurse. Nurses didnt get into their proffession to go to court and testify against dwi suspects.. police officers do. Therefor, the chief wants to get a certain number of officers trained in this task, so that nurses are not dragged into these situations. Also, less dirtballs will be able to get off their dwi charge by hiring a top-dollar attorney, because the hard evidence of their blood sample will be present.

What gives these people the right to your blood that runs through your veins? If all men are created equal, what gives 1 or even 100,000 men the right to forcably draw blood from another? Excersise your freedom.

"Those who would give up Essential Liberty to purchase a little Temporary Safety deserve neither Liberty nor Safety"
-Benjamin Franklin

This is so wrong in so many ways. It seems like every since 9-11 the american poeple have forgot who we are really after. To me it seems like the goverment is after its own people. Blood tests, no HABEAS CORPUS, and and the bailout of banks. People, wake the FUCK up. I have never got a DWI but, i am outraged to see so many americans just give there rights up. When u give BIG Goverment power what do they do with it, abuse it.. THINK ABOUT IT...We are not dumb, slow, or lazy how they think we are. You have a voice so let it be heard!!!!!!!

for a second I thought you were being sarcastic,but I guess not,and so I have to say,it is people like you and that ASSWIPE of a"police chief" who are exactly what's wrong with America today!
this is a SLAP on every FREE MAN's face!a slap to DEMOCRACY,a slap to the constitution and a slap on the face of the UNITED STATES OF AMERICA!

it is amazing how some people are so desperate to score some PATHETIC points in the books of their bosses,and are happily willing to kiss some major ASS to the NASTY PHONY ZEALOTUS special interest groups!some people just can't live with freedom,they can't stand the very idea of it!

some peope are just happy to live their lives in a cowardly existence and would try their best to force others to SUBMIT to tyranny in any form or shape!tyranny of hate,tyranny of fear and tyranny of anger are what we have in America today, disguised as "security" , "mothers" and "legal system"!

those people are the REAL threat to this country!a threat that is so devious,persistent and worse of all SYSTEMATIC!I and millions like me who value freedom and human rights,can live with the "threat" of alcohol any day before we drag our country and our children's future on the same muddy humiliating road on which nazi germany and communist soviet union had been!

"first,they came for the jews,and I didn't speak up because I wasn't a jew...and then they came for me,but there was no one left to speak out for me".. stand up for your rights people,stand up for your brothers and sisters who have been turned into "criminals" for life over night with no ACTUAL crime.

and for those who hate freedom and civil liberties so bad,GO TO CHINA.

You are very wrong my friend. I hope that you are so cheary when they are getting warrants to in an hour to search your house and find religious paraphenelia. You see... this is how it works... The more they whittle away at peoples rights = your rights that you hold so dear and the same rights that our forefathers wrote into the constitution being eliminated. Police officers turning into phlobotemist is absurd. The medical field doesn't want to touch this because of the potential for lawsuits in the future. I'll say this again that there is a good reason why this is just one lawsuit away from getting Mr. Acevedo into a criminal conviction that he can't dig out of. The APD is not beyond lawsuits.

This is not great Joe. You are being blinded by anger and fear.
We do not wish to allow random physical violations by young highly adrenalized young men. Civilization must remain. Let us choose a higher plane for ourselves and for the future generations.

Prior to this, NOBODY got your blood. If you refused a breathilizer you went to jail.... no cop, paramedic, nurse or doctor took your blood.

This is a total violation of 4th amendment. And even if they are doing this with warrants it is still illegal. The government can not force you to give them a blood sample. Although there is a huge federal database that stores the DNA of everyone who was born in the last 35 to 40 years. But I'm digressing. Bottom line is that this is a criminal operation and this police chief should be arrested. Look I don't like drunk drivers either but you have to decide what the bigger threat is. Drunk drivers have never murdered hundreds of millions of people governments on the other hand have. Government's always go bad when they get this much power. And to my knowledge they didn't have cops taking people's blood on the side of the road in Nazi Germany or the Soviet Union. This is something that not even the most tyrannical governments in the last few hundred years have done. It just goes to show that we are in some really serious trouble and that we are losing all of our freedoms at an increasing alarming rate.

Endgame Blueprint For Global Enlslavement
http://video.google.com/videoplay?docid=1070329053600562261&ei=ZK4MSb6ZMYruqAKevL2YCg&q=Endgame+&hl=en&emb=1

For those of us who having our blood drawn is a traumatic experience much less by force this is a violation of the 8th amendment. It's cruel and unusual punishment. How dare they violate the sanctity of person?!! I am a child of God not a piece of meat! This is just Satanic and evil. They would do the inhuman before doing the human thing of providing free public transportation which our society by now should have. They are pushing the people to an ugly revolt against tyranny. It's a God given right to abolish the government!

idiots likes this guy are taking freedom from us every day right underneith our noses, and turning this country into a communist piece of shit. calling everybody a criminal to get them on a file with a little number. day by day our so called rights are being fucked over by these power hungry people and using security and protection as a cover so people will actually go along with it. we need a revolution.

Acevedo announced on 590 KLBJ, January 7th his 'new vision' of people shepharding in the Greater Austin Area. Turns out that he's looking for federal funding to send police officers into a training program to become blood drawers with the end result of being about to serve the search warrant roadside.
That's right, roadside assistance at it's best. I do not wish to see drunk driving but I don't want to see Police officers taking blood in a non sterile environment either. This whole vision is one lawsuit away from dissolving. If the police are going to attempt to entrap it's citizens why not turn the table and entrap the police. Either way, it's an invasion of privacy and a Gestapo move by the one and only Police Chief Acevedo.

I don't think this could be stopped through legal actions!the so called independence of judicial system is nothing but a MYTH in today's America
,especially when "special interest" groups and lobbyists are involved!

haven't you heard about the BULLIES sent by MADD to "monitor" court rooms in litigations concerning "drunk driving"?

in such litigations,the prosecuters,the jury and the judges,can't afford to be anything but "obedient minions" to MADD's wishes,otherwise,they'll suffer all kinds of harassments and possibly PUNISHMENTS!

I say you fight fire with even stronger fire!DUI laws have destroyed way too many lives and liberties,thanks to MADD,backed with the blessings of SPINELESS politicians,compromised judicial system and mislead public!

those MILLIONS who have suffered the consequences of such corrupt laws and biased system,have no choice but to REVERSE the process by forming their own INTEREST GROUP,and to AGRESSIVELY advocate for a TOTAL REFORM of DUI policies,while pushing those BULLIES named MADD back into whatever shitholes they came from!

"Non-consensual Chemical Testing (NCT) Program - Implied consent laws were intended to avoid confrontations with intoxicated persons by providing for the suspension of their driving privilege for refusing to submit to a chemical test. The enactment of implied consent laws did not, however, eliminate the option of forcibly taking blood samples from persons arrested for DUI who refuse to consent to a chemical test to determine their BAC. As such, the CHP developed NCT programs to allow for the forcible removal of blood samples from intoxicated individuals who otherwise refuse to submit to chemical testing".

the paragraph above was copied as it exactly appears on california highway patrol webpage under "impaired driving-enforcement programs".

YOU and your LOVED ONES will soon be FORCED to have your BLOOD drawn by a COP in a NON STERILE environment at the sole DISCRETION of a COP!

if this is not enough to raise the hair on your neck and urge you to stand up for your DEAD and MUTILATED rights,then allow me to welcome you to 21st century NAZI GERMANY.

My husband was arrested for DWI after a slight fender bender on Super Bowl '09. Problem is, he wasn't over the legal limit. He spent 3 days in jail, we were headed to another state because he was going offshore for work and he lost out on over a month's pay AND he had to explain to his company why, we spent $4000 in lawyer fees etc... His court file reads very poorly in his favor because when he was arrested, they had to give reason for obtaining a search warrant for his blood. The blood report was in the very back of the file clearly stating his levels were incredibly below the legal limit. Now charges have been dropped because obviously it's not a DWI but it will end up being a VERY costly ticket and his license was suspended until further told otherwise. I would like to know how I get compensated for the police's error and what it cost us.

The Largest Art Theft in History happened in Austin.
Perverse theft, with teh kidnapping of the Artist son (8months old) and murder of the Artist Father, also the theft of the Artist Homestead and all of his property, even all of his personal documents.
This theft was possible by Austin Police Department Detective Andrew Westbrook, a criminal.
Up to date, Austin Police Department does not allow Daniel Pavon (The Artist ) to press charges.
Art Acevedo, we hope you take this matter in your hands.
Andrew Westbrook Criminal acts include:
Changing other officers testimonies, altering police records, fabrication of records, altered and modified witness statments, interference of police reports, removal of police reports filed by Daniel Pavon, aided the tresspassing into Daniel Pavon Homestead, fabrication of evidence from Andrew Westbrook homestead with Samantha Lowry, and illegal alien who committed the crimes, and much more.
Andrew Westbrook has placed two false warrants against Daniel pavon to prevent him to have due process also Andrew Westbrook has under A DEAD THREAT Daniel Pavon
Evidence of each of these claims are proven on line with the same police reports :www.complaintsdirect.net and www.publicjustice.tv
The Case is public, and international.
Art Acevedo, do Justice, protect Texas Residents.
Protect the Laws and Constitutions.
Protect the rights of the people.

I have forwarded this article to friends in Washington DC. My suggestions to Mr. Acevedo is to discontinue this program or he may find himself in front of a Federal Court.

Violations of the Constitution and the people in the United States is highly illegal. I also see that the people of Austin must hire an Attorney from Austin to defend against DWI cases. This seems to me like there may be kick backs from the City of Austins Police department and Austin Attornies which is also highly illegal.

I will recomment full investigation into this matter and full cooperation by APD and local Attornies. I will also recomend Federal Subpoenas in this matter.

Section 724.017 of the Texas code requires that, "Only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen at the request or order of a peace officer....'qualified technician' does not include emergency medical services personnel." Dalworthington Gardens believes their twenty-hour course meets this standard.

Article Excerpt:
TEXAS TRANSPORTATION CODE
CHAPTER 724. IMPLIED CONSENT
SUBCHAPTER B. TAKING AND ANALYSIS OF SPECIMEN

§ 724.011. CONSENT TO TAKING OF SPECIMEN. (a) If a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place, or a watercraft, while intoxicated, or an offense under Section 106.041, Alcoholic Beverage Code, the person is deemed to have consented, subject to this chapter, to submit to the taking of one or more specimens of the person's breath or blood for analysis to determine the alcohol concentration or the presence in the person's body of a controlled substance, drug, dangerous drug, or other substance.
(b) A person arrested for an offense described by Subsection (a) may consent to submit to the taking of any other type of specimen to determine the person's alcohol concentration.

§ 724.012. TAKING OF SPECIMEN. (a) One or more specimens of a person's breath or blood may be taken if the person is arrested and at the request of a peace officer having reasonable grounds to believe the person:
(1) while intoxicated was operating a motor vehicle in a public place, or a watercraft; or
(2) was in violation of Section 106.041, Alcoholic Beverage Code.
(b) A peace officer shall require the taking of a specimen of the person's breath or blood if:
(1) the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor
vehicle or a watercraft;
(2) the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably
believes occurred as a result of the offense;
(3) at the time of the arrest the officer reasonably believes that as a direct result of the accident:
(A) any individual has died or will die; or
(B) an individual other than the person has suffered serious bodily injury; and
(4) the person refuses the officer's request to submit to the taking of a specimen voluntarily.
(c) The peace officer shall designate the type of specimen to be taken.
(d) In this section, "serious bodily injury" has the meaning assigned by Section 1.07, Penal Code.

§ 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON REFUSES; EXCEPTION. Except as provided by Section 724.012(b), a specimen may not be taken if a person refuses to submit to the
taking of a specimen designated by a peace officer.

§ 724.014. PERSON INCAPABLE OF REFUSAL. (a) A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by Section
724.011.
(b) If the person is dead, a specimen may be taken by:
(1) the county medical examiner or the examiner's designated agent; or
(2) a licensed mortician or a person authorized under Section 724.016 or 724.017 if there is not a county medical examiner
for the county.
(c) If the person is alive but is incapable of refusal, a specimen may be taken by a person authorized under Section 724.016
or 724.017.

§ 724.015. INFORMATION PROVIDED BY OFFICER BEFORE REQUESTING SPECIMEN. Before requesting a person to submit to the
taking of a specimen, the officer shall inform the person orally and in writing that:
(1) if the person refuses to submit to the taking of the specimen, that refusal may be admissible in a subsequent
prosecution;
(2) if the person refuses to submit to the taking of the specimen, the person's license to operate a motor vehicle will
be automatically suspended, whether or not the person is subsequently prosecuted as a result of the arrest, for not less than 180 days;
(3) if the person is 21 years of age or older and submits to the taking of a specimen designated by the officer and an
analysis of the specimen shows the person had an alcohol concentration of a level specified by Chapter 49, Penal Code, the person's license to operate a motor vehicle will be automatically
suspended for not less than 90 days, whether or not the person is subsequently prosecuted as a result of the arrest;
(4) if the person is younger than 21 years of age and has any detectable amount of alcohol in the person's system, the
person's license to operate a motor vehicle will be automatically suspended for not less than 60 days even if the person submits to the taking of the specimen, but that if the person submits to the taking of the specimen and an analysis of the specimen shows that the person had an alcohol concentration less than the level specified by Chapter 49, Penal Code, the person may be subject to criminal penalties less severe than those provided under that chapter;
(5) if the officer determines that the person is a resident without a license to operate a motor vehicle in this state, the department will deny to the person the issuance of a license, whether or not the person is subsequently prosecuted as a result of
the arrest, under the same conditions and for the same periods that would have applied to a revocation of the person's driver's license
if the person had held a driver's license issued by this state; and
(6) the person has a right to a hearing on the suspension or denial if, not later than the 15th day after the date on which the person receives the notice of suspension or denial or on which the person is considered to have received the notice by mail as provided by law, the department receives, at its headquarters in Austin, a written demand, including a facsimile transmission, or a request in another form prescribed by the department for the hearing.

§ 724.016. BREATH SPECIMEN. (a) A breath specimen taken at the request or order of a peace officer must be taken and analyzed under rules of the department by an individual possessing a certificate issued by the department certifying that the individual is qualified to perform the analysis.
(b) The department may:
(1) adopt rules approving satisfactory analytical methods; and
(2) ascertain the qualifications of an individual to perform the analysis.
(c) The department may revoke a certificate for cause.

§ 724.017. BLOOD SPECIMEN. (a) Only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen at the request or order of a peace officer under this chapter. The blood specimen must be taken in a sanitary place.
(b) The person who takes the blood specimen under this chapter, or the hospital where the blood specimen is taken, is not
liable for damages arising from the request or order of the peace officer to take the blood specimen as provided by this chapter if
the blood specimen was taken according to recognized medical procedures. This subsection does not relieve a person from liability for negligence in the taking of a blood specimen.
(c) In this section, "qualified technician" does not include emergency medical services personnel.

§ 724.018. FURNISHING INFORMATION CONCERNING TEST RESULTS. On the request of a person who has given a specimen at the
request of a peace officer, full information concerning the analysis of the specimen shall be made available to the person or the person's attorney.

§ 724.019. ADDITIONAL ANALYSIS BY REQUEST. (a) A person who submits to the taking of a specimen of breath, blood, urine, or another bodily substance at the request or order of a
peace officer may, on request and within a reasonable time not to exceed two hours after the arrest, have a physician, qualified technician, chemist, or registered professional nurse selected by the person take for analysis an additional specimen of the person's
blood.
(b) The person shall be allowed a reasonable opportunity to contact a person specified by Subsection (a).
(c) A peace officer or law enforcement agency is not required to transport for testing a person who requests that a blood specimen be taken under this section.
(d) The failure or inability to obtain an additional specimen or analysis under this section does not preclude the admission of evidence relating to the analysis of the specimen
taken at the request or order of the peace officer.
(e) A peace officer, another person acting for or on behalf of the state, or a law enforcement agency is not liable for damages
arising from a person's request to have a blood specimen taken.

SUBCHAPTER C. SUSPENSION OR DENIAL OF LICENSE ON REFUSAL OF SPECIMEN

§ 724.031. STATEMENT REQUESTED ON REFUSAL. If a person refuses the request of a peace officer to submit to the taking of a
specimen, the peace officer shall request the person to sign a statement that:
(1) the officer requested that the person submit to the taking of a specimen;
(2) the person was informed of the consequences of not submitting to the taking of a specimen; and
(3) the person refused to submit to the taking of a specimen.

§ 724.032. OFFICER'S DUTIES FOR LICENSE SUSPENSION; WRITTEN REFUSAL REPORT. (a) If a person refuses to submit to the taking of a specimen, whether expressly or because of an
intentional failure of the person to give the specimen, the peace officer shall:
(1) serve notice of license suspension or denial on the person;
(2) take possession of any license issued by this state and held by the person arrested;
(3) issue a temporary driving permit to the person unless department records show or the officer otherwise determines
that the person does not hold a license to operate a motor vehicle in this state; and
(4) make a written report of the refusal to the director of the department.
(b) The director must approve the form of the refusal report. The report must:
(1) show the grounds for the officer's belief that the person had been operating a motor vehicle or watercraft powered
with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated; and
(2) contain a copy of:
(A) the refusal statement requested under Section 724.031; or
(B) a statement signed by the officer that the person refused to:
(i) submit to the taking of the requested specimen; and
(ii) sign the requested statement under Section 724.031.
(c) The officer shall forward to the department not later than the fifth business day after the date of the arrest:
(1) a copy of the notice of suspension or denial;
(2) any license taken by the officer under Subsection (a);
(3) a copy of any temporary driving permit issued under Subsection (a); and
(4) a copy of the refusal report.
(d) The department shall develop forms for notices of suspension or denial and temporary driving permits to be used by all state and local law enforcement agencies.
(e) A temporary driving permit issued under this section expires on the 41st day after the date of issuance. If the person was driving a commercial motor vehicle, as defined by Section
522.003, a temporary driving permit that authorizes the person to drive a commercial motor vehicle is not effective until 24 hours after the time of arrest.