I only just learned about the DUI no refusal, chemical testing weekends and holidays in Texas.

The topic came up during lunch with my family after I talked about some videos published on YouTube by a DUI lawyer (I couldn't sleep) that I watched.

I was spouting off about the egregious abuse of the 4th Amendment by way of coercion that happens in Texas and other states. That is, either take the chemical tests or they will suspend your license, double your punishment if convicted, etc., etc. if you refuse.

Then my kid told me about the no refusal weekends and holidays in Texas.

Basically, you CAN refuse field sobriety testing and chemical testing but there are judges on call that will issue a warrant within minutes and you will be taken by force if necessary, strapped to a table at a hospital, and have your blood drawn.

Goddamn my blood is boiling. Okay, so they found a loophole around the 4th amendment but f*^% them.

I get it. DUI is horrible and kills many people. My stepdaughter's dad was killed by a hit and run drunk driver that got off scot-free. I've seen first hand what it does to families.

Personally, I don't drink and drive because I don't really drink but on rare occasions at home plus I am usually carrying. I care more about my 2nd Amendment rights than having a drink when out for dinner.

How did we let our country get so f*&^ing out of control.

Do we need an organization like the NRA, GoA and other organizations to start protecting everyone of our rights? Are there any? Do we even have any rights left?

Does this crap make anyone else's blood boil?

Sorry, its hard for me to get outraged where a judge issues a search warrant (which requires probable cause) to get a blood sample. That is not in any way a “loophole” in the Fourth Amendment.

Don’t drink and drive.

Or just don’t drive. It’s a license, with conditions.

It makes your blood boil that officers who believe someone is impaired have the audacity to apply for a warrant with probable cause, sworn before a judicial official, specifically identifying what they are looking for and where they believe they will find it?

Sorry...don’t drink and drive. It’s 2020. You can literally get a ride almost anywhere with a few flicks of your thumb.

Fail a field sobriety test, judge on speed dial, mobile vampire van dispatched and another drunk asshole goes to jail. Yeah, I am ok with that too....

In my state(Ala), you have consented to this by applying for and acceptance of the drivers license. So called implied consent statute.

My feelings on DUI are pretty strong but I'll bring up two things that may help you understand all that. Mind you, I dont live or work in the great state of Texas( but strongly enjoyed the time I spent there) so check your local laws. I will also point out Uber or Lyft are cheaper than a DUI and safer.

Check the stuff you sign when you signed for your license and I think you will see that in many states you agree to take the tests or risk suspending your license. Again not sure about TX, might be different there.

I dont see the 4th amendment issue if a judge has granted a search warrant. If you get pinned down and phlebotomized (triple word score) without one I'd absolutely understand.

My opinion as in all legal stuff is of course mine and everyone else is entitled to theirs as well but hey, you asked.

quote:

Personally, I don't drink and drive because I don't really drink but on rare occasions at home plus I am usually carrying. I care more about my 2nd Amendment rights than having a drink when out for dinner.

OK... then you've got nothing to worry about.

Don't drink and drive. It's not just a catchy phrase. It's the law. Your license to drive on the public streets is contingent upon following the law.

DWI testing is not an "egregious abuse of the 4th Amendment" if there is probable cause.

I don't drink and drive, and I agree 100%.

I'll take a more "dangerous" world and increased liberty and less government power, almost every time.

I don't need nor want the government to "protect me" thusly.

No one should be strapping anyone to a table for any such thing against ones will, ever - maybe...

The very idea is 1000x more vile than all the DUI deaths combined.

It's an extraordinarily putrid violation of ones person.

And take the DL argument and case law and choke on it. They're wrong, but we live with it anyway.

Take the driver off the road at the time, obviously. Work with what clear evidence you have.

Beyond that, bugger off with this whole "strapping people down" business. That's fucking crazy talk.

Yeah, it absolutely makes my blood boil. Strapping free Americans down and forcibly drawing their blood is egregious and indefensible.

And give me a break about probable cause. As if that judge will deny a single warrant that one of those police officers asks for. It's automatic.

quote:

Strapping free Americans down and forcibly drawing their blood is egregious and indefensible.

All you have to do is blow into a tube.

quote:

Does this crap make anyone else's blood boil?

Absolutely!
There is always an excuse for suspending your Constitutional rights.
Choose: Freedom or Safety.
I choose FREEDOM
Thank God Texas has the sense to outlaw checkpoints.

Almost anything can be done to you after due process, including taking your life. I think you have a poor understanding of the US Constitution. In a federal prison, for example, you can be digitally searched or x-rayed after the Warden gives approval (he serves nearly equal to a magistrate on prison grounds.) A gastro tube can be inserted or psychotropic drugs administered upon court order. All perfectly legal, already reviewed by the courts.

Privileges != Rights.

quote:

Originally posted by chellim1:

quote:

Strapping free Americans down and forcibly drawing their blood is egregious and indefensible.

All you have to do is blow into a tube.

True.

But don't some states consider refusal to blow the same as a guilty plea? Anyway, it seems to me that there are alternatives to forcibly inserting needles into people who refuse to dance for the police.

Heck, why worry? With all the illegals with no licenses, no insurance; nobody follows the speed limits, or most other laws these days, why get excited. Our nation of laws and respect for it are all but gone. Trampled or ignored, most folks don’t care unfortunately. Look at our so called law makers and their records.

My blood is not boiling nor am I upset in the least. Driving is a privilege not a right. Watch "live PD" and you will see the type of people that are likely to be "strapped down" and have blood drawn. They are combative and a general pain in the ass. I would like to think that reasonable folks would just blow in a tube.

Lock N Load

Michael
USMC Ret

I’ve got a coworker who’s been caught drinking and driving three times and he got off on all three. The last one I thought he’d do time for but his lawyer knew the judge and got him off. It cost him over ten grand but what a system we have when you can buy yourself out.


I’ve never been through one of those checkpoints but I’m not out when they normally do them either. Can’t say I have any sympathy.

On one hand, don't drink and drive. Driving is a privilege, and blow in to the damned tube.

On the other hand, a judge on the phone rubber stamping what cops want to do cannot possibly be giving the consideration to the warrant intended. It's a gross violation of the spirit, if not the letter, of the law.

DUI checkpoints are investigating people for a crime, not the other way around as it should be.

Is it ok to strap a rape or murder suspect down to draw blood for DNA testing?

2 separate issues here, the DUI, and the forcible blood testing. Driving is a privilege, compulsory blood testing, hmmm.