[ARCHIVED THREAD] - DUI Forced Blood Test (Page 1 of 6)
Posted: 12/29/2011 2:14:15 PM EDT
| My local PD is talking about how they are doing this for this weekend. How much longer will this be legal? |
|
Quoted:
They do it all the time in Austin. It's one of Chief Art Avocado's favorite initiatives.  It's every day of the year here in San Antonio now thanks to the DA. Recent news story claims there has been a significant decline in DWI arrests since they started it. But it seems the number of news stories of people DWI getting into wrecks and/or going the wrong way on the highway hasn't changed. |
|
So is your blood considered evidence...
Is your blood alcohol content a statement to be used against you? So no pleading the fifth? And refusing the removal of blood from your body. .? It's not exactly a finger print or a breath test or even urine..you know, things that the body expels or outwardly displays Curious.... |
So...what happens when they run across a (eta: stone-cold sober) Trypanophobic and they end up with a dead or seriously injured cop or a dead suspect on their hands.
Or do Trypanophobics not have driving privileges anymore...could it be a multi-million dollar ADA lawsuit waiting to happen? Not supporting DUI's or bashing cops. Just asking...so keep your flames to yourself. |
|
Quoted:
So...what happens when they run across a (eta: stone-cold sober) Trypanophobic and they end up with a dead or seriously injured cop or a dead suspect on their hands.
Or do Trypanophobics not have driving privileges anymore...could it be a multi-million dollar ADA lawsuit waiting to happen? Not supporting DUI's or bashing cops. Just asking...so keep your flames to yourself. good point |
|
Quoted:
So...what happens when they run across a (eta: stone-cold sober) Trypanophobic and they end up with a dead or seriously injured cop or a dead suspect on their hands.
Or do Trypanophobics not have driving privileges anymore...could it be a multi-million dollar ADA lawsuit waiting to happen? Not supporting DUI's or bashing cops. Just asking...so keep your flames to yourself. 
|
|
Quoted:
Quoted:
So...what happens when they run across a (eta: stone-cold sober) Trypanophobic and they end up with a dead or seriously injured cop or a dead suspect on their hands.
Or do Trypanophobics not have driving privileges anymore...could it be a multi-million dollar ADA lawsuit waiting to happen? Not supporting DUI's or bashing cops. Just asking...so keep your flames to yourself. http://www.leelofland.com/wordpress/wp-content/uploads/2008/05/1310-the-chair5.jpg Answers like that cause municipalities, counties, and states to have to raise sales taxes for 17 years (ahem..Delaware County, Jay, OK) to have to raise sales taxes for 17 years to pay off $13 million judgements... The condition was officially recognized in 1994 in the DSM-IV (Diagnostic and Statistical Manual, 4th edition) as a specific phobia of blood/injection/injury type. Phobic level responses to injections cause sufferers to avoid inoculations, blood tests, and in the more severe cases, all medical care. It is estimated that at least 10% of American adults are trypanophobic, and it is likely that the actual number is larger, as the most severe cases are never documented due to the tendency of the sufferer to simply avoid all medical treatment.[2] Symptoms of this form of trypanophobia include combativeness, high heart rate coupled with extremely high blood pressure, violent and dangerous resistance, avoidance and flight. |
|
Quoted:
Quoted:
Quoted:
So...what happens when they run across a (eta: stone-cold sober) Trypanophobic and they end up with a dead or seriously injured cop or a dead suspect on their hands.
Or do Trypanophobics not have driving privileges anymore...could it be a multi-million dollar ADA lawsuit waiting to happen? Not supporting DUI's or bashing cops. Just asking...so keep your flames to yourself. http://www.leelofland.com/wordpress/wp-content/uploads/2008/05/1310-the-chair5.jpg Wrong answer... The condition was officially recognized in 1994 in the DSM-IV (Diagnostic and Statistical Manual, 4th edition) as a specific phobia of blood/injection/injury type. Phobic level responses to injections cause sufferers to avoid inoculations, blood tests, and in the more severe cases, all medical care. It is estimated that at least 10% of American adults are trypanophobic, and it is likely that the actual number is larger, as the most severe cases are never documented due to the tendency of the sufferer to simply avoid all medical treatment.[2] Symptoms of this form of trypanophobia include combativeness, high heart rate coupled with extremely high blood pressure, violent and dangerous resistance, avoidance and flight. I bet the blood still gets drawn. |
|
Read Florida's Implied Consent law and then think about if you really want to drive drunk in that state. Any MVA with injuries can result in a mandatory blood draw.
Quite often the blood is drawn at the hospital and the injured suspect doesn't know if its being drawn for the nurses/doctor's use or the cops. |
|
Quoted:
Quoted:
Quoted:
Quoted:
So...what happens when they run across a (eta: stone-cold sober) Trypanophobic and they end up with a dead or seriously injured cop or a dead suspect on their hands.
Or do Trypanophobics not have driving privileges anymore...could it be a multi-million dollar ADA lawsuit waiting to happen? Not supporting DUI's or bashing cops. Just asking...so keep your flames to yourself. http://www.leelofland.com/wordpress/wp-content/uploads/2008/05/1310-the-chair5.jpg Wrong answer... The condition was officially recognized in 1994 in the DSM-IV (Diagnostic and Statistical Manual, 4th edition) as a specific phobia of blood/injection/injury type. Phobic level responses to injections cause sufferers to avoid inoculations, blood tests, and in the more severe cases, all medical care. It is estimated that at least 10% of American adults are trypanophobic, and it is likely that the actual number is larger, as the most severe cases are never documented due to the tendency of the sufferer to simply avoid all medical treatment.[2] Symptoms of this form of trypanophobia include combativeness, high heart rate coupled with extremely high blood pressure, violent and dangerous resistance, avoidance and flight. I bet the blood still gets drawn. I bet you're right. And I also see HUGE attorney fees and judgements in the near future. It's lawsuits waiting to happen. Not if...just when and where? |
|
No flames to any LEO's on board here.
In fact, ask just about ANY leo what they fear most...and you'll get more than one reply "A drug ANY crazed lunatic that can't be stopped with a normal sidearm." No one wants to face a berserker, especially not a cop. The numbers are against this one all the way. Sooner or later some poor cop is going to encounter someone who will kill them without hesitation (or control) over something as silly as this, even if it means losing their own life in the process. I never saw a LEO get up out of his casket because they got the suspect too. |
|
Quoted:
Quoted:
Out here in California a refusal to submit breath = forced blood draw...Drivers agree to it when they get a license. Driving is a privilege not a right. This, I don't see forced blood draws going away anytime soon. Not arguing with you, but we just made the full circle back to the Americans with Disabilities Act = $$$BIG$$$ taxpayer funded judgements. |
|
Quoted:
Quoted:
I bet you're right. And I also see HUGE attorney fees and judgements in the near future. It's lawsuits waiting to happen. Not if...just when and where? Oh, my the dreaded lawsuit. LEA's never see those. No flame, brother Bama, but Delaware County just voted to raise their county sales tax 1% for the next 17 years just because of a $13million verdict against their sheriff's office. This includes almost all of Grand Lake (serious resort area) and hundreds of retail businesses are going to lose millions of dollars of resort (and TAX) income because people will take other vacation resort options to other nearby lakes (out of Delaware County) rather than pay more sales taxes. I foresee businesses like Grand Lake Marina going completely tits-up because of lost big ticket purchases. All because of the stupidity of just a couple of deputies who were fired. Not even the whole department |
|
Quoted:
Quoted:
Quoted:
I bet you're right. And I also see HUGE attorney fees and judgements in the near future. It's lawsuits waiting to happen. Not if...just when and where? Oh, my the dreaded lawsuit. LEA's never see those. No flame, brother Bama, but Delaware County just voted to raise their county sales tax 1% for the next 17 years just because of a $13million verdict against their sheriff's office. This includes almost all of Grand Lake (serious resort area) and hundreds of retail businesses are going to lose millions of dollars because people will take other vacation resort options rather than pay more sales taxes. All because of the stupidity of just a couple of deputies who were fired. Not even the whole department No flame taken. 
Lawsuits are part of the business. Always will be part of the business. |
|
Quoted:
Quoted:
So...what happens when they run across a (eta: stone-cold sober) Trypanophobic and they end up with a dead or seriously injured cop or a dead suspect on their hands.
Or do Trypanophobics not have driving privileges anymore...could it be a multi-million dollar ADA lawsuit waiting to happen? Not supporting DUI's or bashing cops. Just asking...so keep your flames to yourself. good point Non-point. A blood draw is not to determine if they are DUI, it is to collect evidence once the arrest is being made. Field sobriety tests are how they determine if you are to be arrested for DUI. If you are "stone cold sober" you should not get to the blood draw point unless you have some very unique medical conditions that cause you to fail multiple FSTs. It's not like they pull you over and say "I saw you swerve, roll up your sleeves so we can draw some blood!" |
|
Quoted: Quoted: Quoted: Out here in California a refusal to submit breath = forced blood draw...Drivers agree to it when they get a license. Driving is a privilege not a right. This, I don't see forced blood draws going away anytime soon. Not arguing with you, but we just made the full circle back to the Americans with Disabilities Act = $$$BIG$$$ taxpayer funded judgements. Been doing it here for over 10 years, that ADA dog won't hunt. I've been sued on several as a supervisor and prevailed in every one. We don't have to kick your ass to take the blood. I've worked jails and patrol for over 25 years and I estimate I've witnessed or participated in somewhere around a minimum of 300 forced blood draws. I can't recall a single one that resulted in the arrestee getting injured. We can't take it if the manner we drew it "shocked the conscience of the court". If I think I have to injure you to draw it, I won't. |