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traynine
Concerned Citizen
Joined: 15 Aug 2007
Posts: 5
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 Posted: Wed Mar 19, 2008 11:46 pm Post subject: blood testing |
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a couple of my friends were recently arrested and processed. one dui and one battery on a police officer.
while in custody they took blood samples.
My question: could they have refused consent to the blood tests? How could i refuse a blood test in a similar situation? |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 729
Location: Furiously rubbing two sticks together!!
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| Posted: Thu Mar 20, 2008 9:43 am Post subject: |
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I'm not a cop or law expert, but each state could be different. Heres a link to info on a popular Lawyer in Phoenix regarding DUI and blood testing here.
Implied Consent:
Arizona has an Implied Consent Law. This means that if you elect to drive a vehicle in this state, you consent to give your blood or breath sample to law enforcement authorities if they have reasonable cause to believe you might be driving while under the influence of alcohol.
If you are stopped, and the officer requests that you take a breath, blood or urine test, or some combination of the three tests, you must cooperate or you will lose your Arizona driver's license (or Arizona driving privileges if your driver’s license is from another state) for a period of twelve months for a first time refuser. If you have, within the past five years, previously refused to take a breath, blood or urine test, then your Arizona driver's license or privilege to drive will be suspended for two years. [url]
Arizona has an Implied Consent Law. This means that if you elect to drive a vehicle in this state, you consent to give your blood or breath sample to law enforcement authorities if they have reasonable cause to believe you might be driving while under the influence of alcohol.
If you are stopped, and the officer requests that you take a breath, blood or urine test, or some combination of the three tests, you must cooperate or you will lose your Arizona driver's license (or Arizona driving privileges if your driver’s license is from another state) for a period of twelve months for a first time refuser. If you have, within the past five years, previously refused to take a breath, blood or urine test, then your Arizona driver's license or privilege to drive will be suspended for two years.http://www.phillipslaw.com/html/dui_license.html[/url] |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 729
Location: Furiously rubbing two sticks together!!
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| Posted: Thu Mar 20, 2008 9:47 am Post subject: |
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I guess the bottom line is that if your drunk or high, you obviously are not in a condition to know or comprehend your rights, let alone exercise them.  |
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Bongzilla
Stoned On The Mountain
Joined: 03 Oct 2007
Posts: 243
Location: Mountains in E Oregon
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| Posted: Thu Mar 20, 2008 1:39 pm Post subject: |
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As a trucker, I was subject to DOT piss tests, the only time I know of blood tests being mandatory is if you are involved in a serious injury vehicle accident, or a fatality.
There had better be better than something obligatory to invade a person's privacy like that. |
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Mr.C
Abolitionist
Joined: 15 Jan 2008
Posts: 262
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| Posted: Thu Mar 20, 2008 4:43 pm Post subject: |
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yes bongzilla blood is suppose to be only if you have been in a wreck or they have a warrant,,thats my understanding ,,i know ive posted more of this attorneys info but damn it seems to fit so well so heres one more thats good reading
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http://www.dallascriminaldefenselawyerblog.com/2008/03/texas_dwi_the_right_to_give_bl.html
Posted On: March 5, 2008 by Robert Guest
Texas DWI- The Right To Give Blood
If you are pulled over in Texas for a DWI, you have very few rights. You can be arrested with only a police officer's subjective opinion as evidence. You do not have the right to an attorney prior to giving a breath sample, or even while being held down and forced to give a blood sample. Then you are tried by jurors inundated by MADD propadanda.
What right do you have in Texas? You have the "right" to give a blood sample.
From the Transportation Code-
§ 724.019. ADDITIONAL ANALYSIS BY REQUEST. (a) A
person who submits to the taking of a specimen of breath, blood,
urine, or another bodily substance at the request or order of a
peace officer may, on request and within a reasonable time not to
exceed two hours after the arrest, have a physician, qualified
technician, chemist, or registered professional nurse selected by
the person take for analysis an additional specimen of the person's
blood.
(b) The person shall be allowed a reasonable opportunity to
contact a person specified by Subsection (a).
(c) A peace officer or law enforcement agency is not
required to transport for testing a person who requests that a blood
specimen be taken under this section.
(d) The failure or inability to obtain an additional
specimen or analysis under this section does not preclude the
admission of evidence relating to the analysis of the specimen
taken at the request or order of the peace officer.
(e) A peace officer, another person acting for or on behalf
of the state, or a law enforcement agency is not liable for damages
arising from a person's request to have a blood specimen taken.
This is why freedom does not come from government, but from our Creator. When the government gives you freedom they do a half ass job. The State is interested in convictions, not due process.
What happens if the police do not tell you about this "right" after you give a breath test?
Nothing. Police never tell defendants about this provision.
What if you need to go to the hospital for the test?
You are out of luck. The Police do not have to transport you anywhere. Good luck getting your family doctor to come to the county jail at 2AM.
What happens if you ask for another sample but the doctor gets there after 2 hours?
Nothing. The State's original sample is admissable, and they can deny the doctor from giving you a sample. After all, you only have two hours to get re tested.
DWI makes a farce out of the Bill of Rights. The more freedom we give up, the more innocent people we convict. We should replace these phony "rights" with some new basic freedoms. Let us try- the right to not give evidence against yourself, the right be free from unreasonable search and seizure, and the right to counsel for starters. |
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traynine
Concerned Citizen
Joined: 15 Aug 2007
Posts: 5
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| Posted: Wed Mar 26, 2008 7:57 pm Post subject: |
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| socrateez wrote: | | I guess the bottom line is that if your drunk or high, you obviously are not in a condition to know or comprehend your rights, let alone exercise them. |
The real issue i have is what they are checking for and how they intend to use that against the defendant. For example if somebody smoked weed a few days before the test and now tests dirty for it, how are the authorities going to use that information?
I am not really looking for a way to beat a dui case, I am more concerned with my privacy if i get placed under arrest for any reason. |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 729
Location: Furiously rubbing two sticks together!!
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| Posted: Wed Mar 26, 2008 9:11 pm Post subject: |
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| traynine wrote: | | socrateez wrote: | | I guess the bottom line is that if your drunk or high, you obviously are not in a condition to know or comprehend your rights, let alone exercise them. |
The real issue i have is what they are checking for and how they intend to use that against the defendant. For example if somebody smoked weed a few days before the test and now tests dirty for it, how are the authorities going to use that information?
I am not really looking for a way to beat a dui case, I am more concerned with my privacy if i get placed under arrest for any reason. |
Quick answer:
"Anything you say and do WILL be used against you". |
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