Florida Holding No Refusal DUI Checkpoints. If You Refuse They Stick A Needle...

by minimus 66 Replies latest jw friends

  • minimus
    minimus

    UC, I have to agree with you!

  • blondie
    blondie

    So they inject a needle into the person? Is that a breathalyzer? I certainly would think a qualified medical person would have to be present. Even a DNA test is a swab in the mouth, not a needle in the arm.

    http://www.ehow.com/how_5101093_use-breathalyzer.html

    http://www.ehow.com/how_7500909_operate-alcohol-breathalyzer.html

  • sherah
    sherah

    In PA, a refusal is an automatic one year license suspension at the time of arrest. If convicted, another one year license suspension.

  • Irreverent
    Irreverent

    I think that the legal principle for enforcing impaired driving laws is called "implied consent".

  • leavingwt
    leavingwt

    IMHO, the local cops are trying to raise $$$ in a recession.

  • minimus
    minimus

    Absolutely, Leaving.

    If they REALLY WANT to stop the overdrinking of alcohol, let establishments monitor with breath tests. Most people get loaded at bars.

    The police, courts, lawyers, etc. are making big money on this.

    It's like small towns ticketing anyone driving 3 miles over the speed limit. That's not because they care about the safety of the town as much as they care about money for the town.

  • tenyearsafter
    tenyearsafter

    I think the point that people are missing here is that the "needle" being forced is only if they person refuses a voluntary breath or blood test...and they signed away the right to refuse when they applied for and signed there driver's license application. Irreverent is correct, this is called "implied consent". In CA, the vehicle code states:

    23612. (a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies.

    I am pretty confident that the rest of the states have similar statutes on the books.

  • tenyearsafter
    tenyearsafter

    I would say the only ones making any "real" money on a DUI is the attorney representing the defendant!

  • tenyearsafter
    tenyearsafter

    Hi Blondie...the "forced" blood test is only given if the arrestee refuses a voluntary breath or blood test...even an involuntary blood test is drawn by a licensed nurse or phlebotomist. To add insult to injury, the person refusing loses their driver's license for a year, even if the blood test is drawn after the refusal.

  • minimus
    minimus

    Ha! The cops make money working these details. Then they go to court, usually a few times per case and get OT.

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