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Texas DWI Case Challenges ‘No Refusal’ Campaign

North Texas police have taken blood samples when a motorist suspected of drunk driving refuses to take a breath test.

Law enforcement agencies in North Texas have increasingly used a ‘no refusal’ policy that has police officers drawing blood samples from drivers suspected of driving while intoxicated. Now a count criminal court judge is expected to rule in a case challenging the practice.

Christi Lynn Johnston was arrested on suspicion of drunk driving in Texas after being forced to provide a blood sample. Her Texas DWI defense attorney has raised several issues about the practice of police officers drawing blood. Texas Transportation Code requires that only physicians, registered nurses, licensed practical nurses, professional technicians or chemists to draw blood for criminal prosecution. The law excludes emergency medical personnel and even phlebotomists. Due to the consequences of contamination and false readings, blood samples associated with a crime must be handled and processed in specific ways.

The officers in Ms. Johnston’s case were basic and intermediate EMTs. It has also been determined that the officer’s training course was modeled after an on-line curriculum from a phlebotomist school in Phoenix.

The DWI defense lawyer also pointed out the liabilities of the blood draw practice. Officers do not take into account motorists who are diabetic, hemophiliac or are on blood thinners.

The judge said he would make a ruling next week, allowing officers to employ the ‘no refusal’ Texas DWI policy during the Fourth of July weekend.

Posted Thursday, July 03, 2008 | Permalink | Comments (6)

blood testing

Posted by jackie at 2008-07-05 22:13

This is one of the worst infringements I have heard in some time. I can hardly contain my outrage. This is a blatent abuse of power and ripe for corruption. Hopefully a lawsuit brings shame and poverty on your law enforcement. You guys deserve what you get from the people whos rights you have usurped. I am very surprised I am the only one with a comment on this subject. Speak up before they close the doors on the incenerators you sheep.

blood testing

Posted by Edwin Hill at 2008-07-07 12:49

Jackie, I share your outrage over this. America is becoming less and less the land of the Free. Increasingly it is becoming the land of the laws/rules/regulations enforced by police who care nothing about their oaths to defend the Constitution, just on obtaining instant obedience and subjugation and compliance to their commands. Forcibly taking blood from our citizens is reprehensible and should not be tolerated in America.

get the facts

Posted by ringu at 2008-07-17 20:50

As usual, the media hasn't explained everything. These officer's aren't simply violating peoples rights by taking their blood. They are obtaining search warrants from judges to so. The officers have to fill out affidavits attesting to what they have showing that a person is impaired, then a judge is called and the affidavit validified. If the judge believes there's enough probable cause he will issue a search warrant for the person's blood. So if after adding this bit of knowledge to what you already know, you still think that it's reprehensible, then you should tell congress you want them to rethink allowing our magistrates the authority to issue search warrants for known drug dealer's houses, and meth houses, and the like. And if you don't want your blood taken...then don't drink and drive. More people are killed from Drunk driving then drugs...and it's 100% preventable. I completely support the search warrant for blood in these cases. I want my streets safe for my family and friends to drive on. I personally don't want my mother, grandmother, daughter, or best friend to be killed driving home because someone was too stupid to let someone drive them home, or get a cab. DUI/DWI's cost around $10,000 in total, and a cab ride home is what...$50? Not to mention the lives saved.

yes indeed

Posted by jackie at 2008-07-29 13:11

I agree with you drinking and driving is reprehensible and should be punished. but blanket warrants doesn't sound constitutional to me. and this is only one more step toward a facist dictatorship in my opinion. Fight for your rights now while we have legal recourse. or fight for them with your life once the facists lock you up with their blanket warrants and warrantless searches.

Nice

Posted by xs3 at 2008-07-07 12:56

Nice work done. Looking forward for this kind of literature in future too.
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Blood sample

Posted by jecika at 2008-07-12 03:02

What the think that taking the blood for as like a sample it is to dangerous for them who don't want to show that what is going on their body do they drink or not. But it is safe wasy to see to pur inner side.
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