never heard of this before or ONLY IN TEXAS

[hipshot]

just heard on the news, Texas highway patrolmen will be looking for "drunk drivers", this weekend.

new tool - - - NO REFUSAL.

if you refuse a breathalyzer test, they will have warrants in hand, to take blood samples for testing.

great idea, but could also cause more problems for the leo's.

just jt

[jburrell]

Nope! In Texas now you cannot refuse to take the DWI test. Failure to do so will enable them to take blood sample for testing.

We are getting the drunks off the road.

It has already been tested and the courts upheld the mandatory testing.

this is not just random testing as they are targeting specific times and noticable driving issues befroe they pull you over.

Personally I think its a good idea. Maybe a fewer people on the road to run over me or my family or friends.

 

my

[RandyR]

its already that way in Georgia.

[flb_78]

Refusing to take a breathalyzer in Texas is an automatic 180 day suspension of a driver's license.

[Flyinfool]

In Wisconsin refusing a Breathalyzer is a crime that will result in arrest, and suspension/revocation of your license.

 

Unfortunately WI has some of the weakest penalties for DUI in the country, They just toughened the laws up some, but not nearly enough.

 

I just love calling the local PD to report someone staggering out of the bar to their car. Some times the LEOs even get them before they can find the keyhole to get the car started.

[hunter 1500]

In Vt it is addmission of guilt and you are ticketed for DWI.

[Yammer Dan]

At one time I may have felt a little different about this but the last two ding-a-lings that ran over me were either drunk or high. And got nothing out of the accident. I lost big time on both accidents. So..... HANG em ALL!!

[LilBeaver]

It is important to note that the differences in a 'Breathalyzer' and a PBT and when each is administered.

 

The breathalyzer as well as urine or blood tests to estimate/determine the current level of intoxication are typically used (in cases of 'driving under the influence', 'impaired driving', 'driving while intoxicated', etc etc) after a subject has been determined, beyond reasonable doubt, to be above the legal limit.

 

The PBT (portable breath test) which is mistakenly (but commonly) referred to as a breathalyzer, is the [typically] small hand-held unit that is used during the 'field sobriety test' on the side of the road (for example). Unless the PBTs meet certain standards and provide the specific print out, the results from it are inadmissible in court BY THEM SELVES as total proof of intoxication level. That is, the results may be reported in the police (arrest) report but are rarely used for anything other than additional support to the on-scene tests to provide enough information to go ahead and start the arrest process.

 

So, once you are in the process of being arrested, if you refuse to take the breathalyzer you THEN can be penalized - in Texas and Illinois it is an automatic 6 month suspension of your driver's license.

 

This business with having the 'warrants ready to go' or whatever I am unclear on what the story actually is in Texas. In Illinois, anytime I had someone refuse if I knew they were close enough that it would make or break the case, I would simply make the call to the prosecutor and usually within a few minutes I would have the approval to take the suspect to the hospital to get blood drawn (which is more accurate anyway). Realistically though, on almost all of my DUI stops, if I had made an arrest the blood tests, breathalyzer, etc while it was helpful, it was rarely necessary to actually have the conviction stick.

 

Just some extra info here hopefully it provides some insight to what this really means.

 

I realize technology has improved and some departments have waaaaay higher budgets than mine did so it is likely that there are many PBTs out on the road that provide the appropriate accuracy and printed information to be fully admissible and useful in court. So my apologies if what I have written has been rendered irrelevant by newer standards, it has been a couple years since I have been in a squad car.

[dunvilsteev]

okay, so I gotta ask, where they going to get these blood samples?? surely not a rash of roadside nosebleeds?

[jburrell]

okay, so I gotta ask, where they going to get these blood samples?? surely not a rash of roadside nosebleeds?

 

According to our new laws. The LEO can hold you until an officer with a kit to draw you blood comes by and they then test you blood while they send you off to the clink for the night. License gone for 180 days..there is also a surcharge (in addition to the fine) it's $2000 they can tack on to all your other cost. Court cost, lawyer cost, fines, towing, impound fees,surcharge.

Gonna cost you to drive and drink in Texas

 

DONT MESS WITH TEXAS

 

by the way....you do know we all carry weapons here too right! You can open carry a loaded weapon in your car with no license, but not an open container of liquor.

Someone attempted to accost an elderly lady yesterday (70+) and she shot him.

[flb_78]

You can open carry a loaded weapon in your car with no license, but not an open container of liquor.

Someone attempted to accost an elderly lady yesterday (70+) and she shot him.

 

Not quite...

 

Texas law ( The Motorists Protection Act ) allows people to carry a CONCEALED handgun in their vehicle. There are no laws in Texas on the carrying of long guns.

 

It also makes carrying in "a motor vehicle that is owned by the person or under the person's control" an exception unless " the handgun is in plain view; or the person is engaged in criminal activity..."

 

http://www.texaschlforum.com/viewtopic.php?f=23&t=7834