More disturbing signs of Amerika the Police State

[OneGuy67]

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.

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.

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

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.

[clublights]

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.

Thats kinda tough on the company car/family car...

but I like that idea too ...

I think it would be more effective with forcing compliance with the suspension/revocation of the driving "privilege"

[OneGuy67]

Thats kinda tough on the company car/family car...

but I like that idea too ...

I think it would be more effective with forcing compliance with the suspension/revocation of the driving "privilege"

I would agree with your assessment. It is tough on the business owner whose vehicle is now unable to be operated; it is tough on the one car family. It punishes people who didn't do anything wrong other than employing or residing with a person charged with a DUI.

I can't remember if I asked and if they answered if the person could sell their vehicle to their spouse or a friend and get it licensed that way in an attempt to overcome that obstacle.

[DavieD55]

While we're at it, why dont we just database everyones DNA also. Just think about it! This year will go down in history for the first time a civilized nation has forced blood draws. Our streets will be safer, our police more efficient, and the world will follow our lead into the future...