No refusal weekend!!! HAVE A DD

[Osiris]

Movie stuff? That's what every DWI attorney will tell you to do. Don't refuse anything, just state that you don't feel comfortable making any decisions until your attorney is present.

A judge may still suspend your license for refusing to participate in testing, but it could keep a dwi off of your record. Again you still have the cameras to fight, but that's what a good attorney is for.

Even with a no refusal weekend, I bet there are some really good attorneys who have field days with the courts over personal rights being limited or abused.

It hasn't been ruled in the Supreme Court yet. It's going to be interesting to see how all this ultimately winds up. Anyhow, If a Judge does sign off on a search warrant for your blood, you cant refuse. You can fight all you want, but ultimately you'll get strapped down, and blood drawn from an IV this weekend. Unfortunately, I had that fight this weekend.

If it's you in the chair, just go with it, and fight out the legalities of it all in court. It's not worth getting more charges filed on BC you think you're getting the screw.

[Silverback]

That's movie stuff right there.

Oh, and the police won't fight the legalities. The DA will.

Movie stuff? That's what every DWI attorney will tell you to do. Don't refuse anything, just state that you don't feel comfortable making any decisions until your attorney is present.

A judge may still suspend your license for refusing to participate in testing, but it could keep a dwi off of your record. Again you still have the cameras to fight, but that's what a good attorney is for.

Even with a no refusal weekend, I bet there are some really good attorneys who have field days with the courts over personal rights being limited or abused.

[Machx2]

True, but I can also refuse any testing, talking, or cooperation until my lawyer is present as I'm unaware of what my rights are, and the police can try to get me to consent while I wait for my attorney, but then they have one hell of a court case to fight in the end.

You will also be strapped down in a chair and blood taken from you lol. You don't have to say a word, your lawyer can watch if thats what he likes to get off on.

[Broncojohnny]

True, but I can also refuse any testing, talking, or cooperation until my lawyer is present as I'm unaware of what my rights are, and the police can try to get me to consent while I wait for my attorney, but then they have one hell of a court case to fight in the end.

Don't worry Matt, they have done away with all that stuff in that pesky constitution. All they needed was a judge with a big rubber stamp.

[03trubluGT]

True, but I can also refuse any testing, talking, or cooperation until my lawyer is present as I'm unaware of what my rights are, and the police can try to get me to consent while I wait for my attorney, but then they have one hell of a court case to fight in the end.

That's movie stuff right there.

Oh, and the police won't fight the legalities. The DA will.

[GhostTX]

Is that illegal in Texas yet, or still governed by the local municipalities? Here in Cali it's a $350 fine if you get caught on the phone or texting, unless it's hadnds-free.

Just in school zones.

[Silverback]

Yea, go try it and see how that works out for you. The police can take blood from a needle prick, or any body part that is bleeding.

True, but I can also refuse any testing, talking, or cooperation until my lawyer is present as I'm unaware of what my rights are, and the police can try to get me to consent while I wait for my attorney, but then they have one hell of a court case to fight in the end.

[CexMashean]

i made it home, and i don't know how.

[racrguy]

And get cited for failing to maintain single lane.

I'll take that ticket if it gets this unconstitutional practice banned.

[racrguy]

Just don't drink and drive, and you'll have nothing to worry about!

That's neither here nor there. Yes, drinking and driving is illegal, but where do they get off forcing you to give evidence against yourself? That's pretty much the cornerstone of the 5th amendment.

[Unicorn Jeff]

It still hasn't been explained to me how this BS is constitutional. 5th amendment what?

Just don't drink and drive, and you'll have nothing to worry about!

[racrguy]

It still hasn't been explained to me how this BS is constitutional. 5th amendment what?

[stevo]

Serious cop is Serious.

Yup.

Stevo

[71chevellejohn]

Serious cop is Serious.

[03trubluGT]

I can swerve within a single lane.


Wouldn't a blood sample taken from an open wound have the possibility of being contaminated and therefore not a good sample?
I realize that the subject would at the least have a number of hours wasted being detained while the fuzz figures it out, but still.

If you want to play with fire, be my guest. An officer could articulate the erratic driving behavior, especially when caught on a dash cam. One cannot drive without breaking some traffic statute, so while you might swerve in your lane, you will eventually make a mistake and then you will see how humorous your actions really are.

As far as the open would goes, you are right. I've witnessed several pig piles where the subject refused a blood warrant. It never ends up pretty for the guy on the bottom.