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Open ForumsThe Open forum was created for people to discuss anything else Non-Moto related. Just about anything goes! Please remember this is a loosely moderated area. If you do not have thick skin. We suggest you stay out of here.
SRS...you don't want to be handling ANY bodily fluids....
I bet just patting someone down for weapons has to be terrifying...if you know they are a drug user....*shudder*...getting stuck with some junkie's needle....*shudder*...
Those kevlar lined Hatch gloves are good...but they are not perfect...
I said it earlier... I'll say it again. I have never ridden after a drink, and I have never driven under any buzz whatsoever. That being said... Unless they have a licensed medical professional, be it a nurse, nurse assistant, or an EMT, i will NOT allow them to draw blood.
Just because a police officer asks for it, doesn't mean its legal.
I would never physically resist arrest...but you are not getting my blood without a valid court order.
And you don't think they would try to restrain you and take it by force if you didn't consent? Anyone coming at me with a needle is a threat unless I've given them consent to take my blood.
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"You've not got much padding there." Fan
"If I go off here, I'm not going to need any bloody padding." David Jeffries
And you don't think they would try to restrain you and take it by force if you didn't consent?
Of course they would, and the damages awarded in that lawsuit would be immense.
The idea is that you NEVER consent if you feel its a violation of your rights.
At that point, the cops have two options:
1) Decide not to pursue the issue, because they feel that legally they have no more options. (They would not ask for consent if they could perform the action without it).
2) Restrain you by force and perform the action.
If they choose #1 you win.
If they choose #2, its going to be a legal snafu of epic proportions...and they know it.
Nice to see somethings haven't changed in my absence!!!
HERES AN IDEA DON'T DRINK AND DRIVE STUPID and you won't have to worry about it.
Or maybe you will. Your body naturally produces ethanol, which shows up in the blood and breath. A normal person can go as high as 0.02 g/100mL, and in "no tolerance" places like DC, a sober person can go to jail because of a false high reading. Even having used mouthwash within the past 20 minutes can result in readings above the legal limit.
So, yeah, you do still have to worry about it. Not to mention that each additional power we give the government to restrict our freedom results in further restrictions. Like how eminent domain was expanded to allow the government to take someone's land and sell it off to a private developer. People just love taking freedom away from others, but oddly enough never from themselves.
Sorry, but allowing people who are not medically trained to draw blood to do so is an incredibly stupid idea.
Breath tests are notoriously unreliable, and the answer to that problem is NOT blood tests.
If I am not mistaken, there is an optical test involving retinal dilation times that will accurately read BAC. I think the CHP is already using this device instead of breath-o-lyzers.
That device is completely non invasive and more reliable than breath testing, but depts don't like it because it is supposed to be very expensive.
And it costs almost nothing to shred the constitution.
The breathalyzer test administered roadside is just a tool to help determine sobriety. It is not the final evidentiary device. Many states, including the jurisdiction where I work, have what is known as 'implied consent' statutes in place. Under an implied consent law, any person who operates a motor vehicle in the state or district is deemed to have consented to a DUI chemical test as a condition of legal vehicle operation. As soon as you got your drivers license, you gave consent in advance to do this. If you are unlicensed, shame on you, but you still have given implied consent when driving on public roads. Drink and drive on your own private property all you want.
If you are stopped for suspicion of driving under the influence of alcohol, the officer should read you an Implied Consent Notice. At the end of this notice you will be asked to take a test of blood, urine or breath or any combination of these three. If you refuse you can lose your license for up to 12 months in most cases due to this refusal. Given that, you still end up with a DUI conviction and the 12 months for refusing to take the tests will be in addition to what will result from your conviction. Most lawyers advise their clients to take the tests, and rightly so.
There has been much controversy over implied consent. Some disagree on the grounds that it is against their constitutional rights to be forced to take a blood test or any test when stopped by law enforcement. They base their argument on the first amendment, which states “ no person shall be compelled in any criminal case to be a witness against himself”. Whether you agree or disagree, these are the rules we currently operate within. Remeber, driving a vehicle on public roads is not a right.
If you refuse you can lose your license for up to 12 months in most cases due to this refusal. Given that, you still end up with a DUI conviction and the 12 months for refusing to take the tests will be in addition to what will result from your conviction.
Doesn't this completely depend on the state?
I NEVER drink and drive, btw.
ILLINOIS DUI LAWS REGARDING NOT TAKING THE TEST:
If a person refuses to submit to chemical testing or submits to a test disclosing a blood alcohol concentration of .08 or more, his or her license will be suspended on the 46th day from the date of service with a notice of suspension (also known as the law enforcement sworn report).
The length of suspension is as follows:
1. Three months for "first DUI / DWI offenders" (those without prior DUI's in the past five years) who have an alcohol concentration of .08 or more.
2. One year for persons with a BAC of .08 or more who are not first DUI / DWI offenders.
3. Six months for "first DUI / DWI offenders" who refuse any or all testing; and
4. Two years for those who refuse chemical testing who are not "first DUI / DWI offenders."
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