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It was my understanding that anyone can refuse a breath/blood test for DUI, but doing so results in an automatic conviction for "refusal to take a sobriety test" which has similar penalties to DWI regarding fines, loss of license, loss of insurance, vehicle impound, etc.
BS..Originally Posted by Gman
If your being combative you get the straps ........
Not everyone who gets put in cuffs gets tazed... same difference.
Last edited by clublights; 07-01-2013 at 10:47.
I think Colorado is like this ...
Maybe GA is not.
I have done hundreds of blood draws, PD would bring them by the fire station, usually at 3 in the morning and we would perform the draw. The majority are no issue, but, we did have a handful get unruly on us and we get to go to the floor with them. If this happens after the venipuncture has been performed and the needle is still out, it is not fun. A needle stick expose sucks.
Having this restrained policy as a blanket policy is questionable, but I can understand the idea behind it. The blood draw is an exacting procedure and if one step is done or documented wrong the person can walk with no charge. Some of these chronic DUI'ers know the system and know how to increase their chances of beating a charge.
If LE has probable cause of DUI the person can choose which test they want, breath or blood. If they do not choose, refuse, or become an asshole (try to fight) they go to jail and if memory serves that is an automatic admission of DUI (LE check me if I am wrong). There are positives and negatives to each test and again some know this and use it to their advantage.
I do like Irving's idea of the bank teller booth thing
Last edited by cmailliard; 07-01-2013 at 10:57.
Re: More disturbing signs of Amerika the Police State
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I do like Irving's idea of the bank teller booth thing[/QUOTE]
Then what of the litigation following the incident where the previously compliant subject goes berserk, writhing around, resulting in a broken arm as he falls out of his chair and his arm hangs up in the window?
Just saying. It is a good suggestion, but would need to be well thought out.
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Last edited by crays; 07-01-2013 at 11:31.
Then what of the litigation following the incident where the previously compliant subject goes berserk, writhing around, resulting in a broken arm as he falls out of his chair and his arm hangs up in the window?
Just saying. It is a good suggestion, but would need to be well thought out.
Sent via Mobile
Simple..........
Video Camera.
However, if EVERYONE gets treated the same way, then the likelihood of someone claiming that he was treated differently and/or discriminated against goes away.
Re: More disturbing signs of Amerika the Police State
People in confinement get treated differently all the time. It's quite simple to articulate why you did what you did. I'll repeat myself again, "although inmate A refused consent, he was compliant with the court ordered procedure and allowed to remain unrestrained."
"inmate B refused consent, and was also non compliant, even combative at times. For the safety of the inmate and staff, it was determined a four point restraining method was best for everyone".
Least level of force necessary, if inmates are compliant, 4 points are not necessary.
again BS...
Do they tase EVERYONE they put in cuffs?
DO they PIT maneuver every car they pull over ?
Forgetting the GEORGIA video that started this thread, HERE IN COLORADO, you have given your express consent to either a blood test or a breath test (and in certain circumstances, a urine test, but I don't want to muddy the water with the explanation for that). A refusal to complete either test will result in an automatic revocation of your license for 1 year. That is on the administrative (non-criminal) side with the Department of Revenue. You have a right to request a DOR Hearing to challenge the revocation that needs to be filed within 7 days of your arrest. You may or may not win that challenge. Out of all the DUI arrests I made over the years, I lost in DOR maybe 2 times.
On the criminal side, you will still be charged with a DUI and DUI Per Se and the evidence used will be the totality of the event; driving actions, officer observations, statements, odors, observations on roadside maneuvers and finally, a completion or a refusal to complete a test. You still have a right to a trial and to have the evidence presented against you. A refusal can be used IN TOTALITY of the circumstances to show your demeanor, behavior, attitude, etc.
We would provide the Express Consent Advisement and if the suspect chose blood, we would call to have an ambulance service come to the PD and draw the blood. Occasionally, we took them to the ER if the ambulance services were busy. If injured in an accident and in the ER, their choice was limited to blood and taken by the phlebotomist on duty. We hardly ever had an issue with anyone who chose blood not cooperating with the draw. There were a number of times that a person would choose blood and when the EMT's showed up, wanted to change their decision, as they've always been told by lawyers, both real and imagined, that they needed to request a blood test for delay of the sampling, more accurate, or any other reason, real or imagined.
The only time we forced a blood draw on someone is when there was an accident and Serious Bodily Injury or death was involved and that was only after we had other indicators of alcohol consumption. In that event, we took two samples one hour apart.
Years ago, I went to training in Michigan and talked with the cops there. Here in Colorado, if you refuse, we write it up that way and you lose your license. That's about it. There, they have a prefilled one page warrant they fax to the on-call judge for signature and then force a blood draw. They also seize the vehicle's license plates and issue a 7 day paper plate, similar to how we seize driver's licenses. A person can't get new plates for that vehicle until a specific amount of time associated with the seriousness or frequency of their DUI arrest, be it three months or one year or more. This included if it was a company vehicle or the only vehicle for the household. The point is, each state does things differently. When getting riled up about something that occurs in another state, bear in mind, that is what is going on in another state and not necessarily the state in which you reside.
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