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The nation's highest court ruled in 1966 that police could have blood tests forcibly done on a drunk driving suspect without a warrant, as long as the draw was based on a reasonable suspicion that a suspect was intoxicated, that it was done after an arrest and carried out in a medically approved manner.
Where I work, we have nurses that respond to the jail to do the blood draw. If someone wants to refuse, we do a forced blood draw, we have a policy as to how to do it. It's not like we are rollin on the ground trying to pin the person down. We basically force them to sit in a chair and the nurse won't approach until the person is secure and unable to move.
Officers can't hold down a suspect and force them to breath into a tube, she noted, but they can forcefully take blood Once they're back on patrol, they will draw blood of any suspected drunk driver who refuses a breath test. They'll use force if they need to, such as getting help from another officer to pin down a suspect and potentially strap them down, Watson said.
Remember, driving is a privelidge, not a right.
i dont drink anymore, and i never drove after having even 1. but its amazing how many people think that just because it is not directly enumerated in the constitution it is not a right. 9th ammendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people10th ammendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.of course i should not be supprised, our 1st 2nd 4th and 5th ammendment rights get violated constantly....
i totally agree with you, but i must add:if i get arrested for dui (suspected) and they haul me off to the station, and someone in a blue uniform that refers to me as a civilian is going to stick a needle in one of my veins they can shove that priviledged liscence where the sun dont shine. people have died and or lost limbs to infection from inproperly used needles... (tear a vein, dirty needle, both etc.) and i really dont think that the badge they have on thier chest qualifies them for this operation.my sister is an emt, you would not believe the amount of training thats required (well you might bd) for her to be able to give an iv. judging by the local police force hear im beginning to think that spelling thier name correctly is a bit more of a challenge than most people would realize
I agree with you fully in that aspect. In the situation I mentioned above in Reno, the drawing of blood is done by a medical professional, not a badge.IMO, it should remain so, and the drawing of blood certainly shouldn't be preformed in the field (as the article implies). In the jail, when they take your blood after your refusal to submit willingly to testing, you're strapped down, and all you can move is your fingers. No matter what actions you take, you can't garantee that immobility in the field. Its just safer and better for all involved to stick to a breath test, or leave the blood drawing to the medical professionals.
just wait till they get someone with an extreme needle phobia in the chair! wasnt there someone on death row that got a reprieve because he was afraid of needles? do murderers have more rights than drivers?
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