Do you think it's Unconstitutional for a Cop to forcibly take your Blood if you refuse to take a breathalyzer?

Question

Check this story out:

http://www.kxan.com/dpp/news/texas/statewide-'no-r...

Here in Austin, the cops recently had a 'no-refusal' weekend.

What that means is, if you were pulled over on suspicions of DWI, the cop would first offer you a breathalyzer test or a blood test.

If you said, "No, I don't want to", the cop would arrest you and forcibly take you to a place where they'll get your blood drawn without your consent.

Do you find that to be unconstitutional?

Answer 1

Favorite Answer

Driving is a privilege, not a right. You give implied consent when you obtain a drivers license. You will not be arrested unless the Officer feels you are under the influence at the time of refusal. You are generally given a "field sobriety test". You fail that and the Blood Breath and urine is next. If you refuse to take the field sobriety you will be arrested. As a Police Officer I have had to forcibly take blood. Usually in DUI related traffic collisions. The majority of my refusals that resulted in arrest I just articulated to the D.A. and Court that they refused to comply with State law that requires blood, breath or urine. In Ca. we take your drivers license from you when you are booked for DWI. You are issued a temporary license called an "Admin perse" Every single refusal resulted in no less that a one year suspension of the D.L.

Answer 2

In Texas cops can get away with a lot worse stuff than that. In Amarillo they can get away with on-the-spot body-cavity searches if they catch someone walking home from their grocery store after dark, and alone.

They can also get away with beating homosexual men with no repercussions. The same goes for fans of science fiction films and television shows.

I think Texas cops, or at least Amarillo cops tend to be brash, and behave like bullies.

As to the original question, if there is an option to object to this sort of thing when one applies for a drivers license why have I never heard of it ? This sounds like the same kind of law as the "seat belt law" - where a mother can be fined $500 because her child is not wearing a seat-belt and yet it takes said mother 20 minutes to unbuckle the seat-belt and get the child out of the car in the comfort of her own driveway.

What would happen if she had to perform the same ergonomic acrobatics in the aftermath of an accident ?

Answer 3

Who was standing up for my cousin's rights when a drunk crossed three lanes of interstate traffic and killed him? If it were left up me, if you were thought to be drunk you would automatically have your blood drawn by the officer on the scene. If you refused you get an automatic 90 day jail sentence. If the blood was found to show that you were over the limit when it was drawn you would be sent to jail for one year automatically, NO appeal, NO probation. A second offense would get you a five year minimum sentence. If ,God forbid, you are caught drunk a third time the officer on the scene will be authorized to put a bullet in your body and let the buzzards have you. We HAVE GOT TO STOP THE DRUNKS SOMEWHERE SOMEWAY!

Answer 4

Nope, legal.

In my state, you are required to submit to either a blood or breath test for alcohol. Officers are required to inform you that you may choose between the two tests. If you refuse to take one of these tests, you will likely lose your license for a year. (This doesn't apply to the preliminary breath test taken on site.)

Answer 5

Yes, I believe in some states it is stipulated that by applying for a driver's license you are giving your consent to such testing. The Constitution puts limits on the Federal Government not the States Governments. They could not do so unless the you consent so they made consenting a prerequisite to being granted driving privileges.

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Answer 6

When you get your DL you are subject to a breathalyzer or blood test if they think you have been drinking. If you don't take one your license can be suspended. If you have a CDL they can give you a drug test at any time.

Answer 7

Yes. In my state if you refuse you will get a ticket that is as bad as an OWI but they won't force you.

Answer 8

Yes I do no one should ever take a test drunk or not it can only be used against you.

Answer 9

Well, is sampling my breath any different than sampling my blood?

Intoxication is a special case, as the condition changes by the hour.

To be honest, I'd demand both.

Answer 10

Yes, If you believe in the Constitution, But it does not matter anymore