Skip to main content

Forced Blood Draws If Suspected Of DUI?

Forced Blood Draws If Suspected Of DUI?

Here in Washington State, an individual that is under suspicion of DUI (driving under the influence) has the right to refuse the field sobriety tests and portable breath test administered by law enforcement because these tests are voluntary.  An individual suspected of DUI also has the right to refuse to take the breathalyzer test at the station, however, they may face a one year driver’s license suspension by the DOL (department of licensing) because of the refusal.  Once an individual has refused the breathalyzer test, the burden of proving that individual is DUI is upon the arresting officer, thus the officer may call a judge to obtain a search warrant to obtain a blood draw sample from that individual.  Next that individual will be taken to a hospital where a nurse will take a sample of their blood to determine their BAC (blood alcohol content) levels.

Not all States follow this same procedure when handling persons suspected of DUI that have refused the breathalyzer test.  Georgia has their own legal methods of drawing blood samples from refusal individuals that are called “Forced Blood Draws” or “Forcible Blood Draws.”

Once a Georgia officer has obtained a search warrant from a judge for a blood draw, the “forcible” part of the blood draw comes into play when multiple police officers hustle a DUI suspect into a small room at the station, strap them onto a cot or table with multiple tethers, put them into a head lock, and wait for a nurse to draw their blood.  All individuals are treated in the same manner, strapped down and put into a head lock, even if they are completely calm and compliant.

This type of blood draw by restraints has become very controversial.  Many citizens have expressed this is a violation of our constitutional rights, it is animalistic, an unnecessary intrusive experience, and just plain terrifying.  A few of the comments posted after the news brief, DUI suspects face forced blood draws in some Ga. counties, found on www.myfoxatlanta.com read, “this is wrong. its all about control. no rights.” and “This is very wrong and the justice system is failing in a big way.”  Other people are saying this forceful procedure is completely justified if a DUI suspect isn’t being compliant by taking the breathalyzer test.

Police officers are justifying the procedure by saying these (restraints and headlocks) are necessary precautionary measures to ensure no one gets hurt.  They also claim these forced blood draws have increased their DUI conviction rate.

Just a reminder of our Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Written by S.O

 

Seattle Seahawk Marshawn Lynch: DUI Case Dismissal Denied

Seattle Seahawk Marshawn Lynch: DUI Case Dismissal Denied

This past Friday, Seattle Seahawk running back, Marshawn Terrell Lynch, was denied by California Judge, Yolanda Northridge, to dismiss his 2012 DUI charge.  Lynch’s DUI attorney also made a motion to suppress evidence during the same court appearance but Judge Northridge also declined the motion.

Marshawn Lynch, aka “Beast Mode”, has been fighting this DUI charge since the Summer of 2012.  He was pulled over by the California Sate Patrol early morning on July 14th for erratically driving in and out of lanes.  According to state patrol officers, Lynch was behind the wheel of a white Ford van and almost side-swiped two other cars while traveling on Interstate 808.  The state patrol officers suspected Lynch had been drinking and began investigating him for possible DUI (driving under the influence).

Allegedly, the power house football player failed the DUI sobriety tests.  He was arrested and taken to the Alameda County Sheriff Department’s North County Jail in Oakland where he submitted to a breath test, which of course came up positive and was over the legal limit of .08.  Official charges of DUI were filed against Lynch on July 18th and he and his DUI defense lawyer plead not guilty to those charges in August 2012.

Beast Mode has been fighting his DUI charge for over a year now and will continue to do so, since Judge Northridge denied his DUI dismissal.  As of now he has a jury trial date set for December 27th, just two days before the Seahawks final regular season game against the Rams on December 29th.  Lynch’s DUI lawyer plans on continuing the case into the new year so court dates won’t interfere with critical football games.

We will keep you updated on Marshawn Lynch’s DUI trial and case outcome.  We will also keep you posted on NFL Commissioner Roger Goodell’s reactions to the case results.  If found guilty, Lynch may face harsh NFL punishments especially since he will be a repeat offender in the eyes of Goodell.  Over three years ago, Goodell suspended Lynch for three games due to a misdemeanor weapons conviction.  Since then, Marshawn Lynch has stayed out of trouble except for this 2012 DUI charge.

Good Luck Beast Mode with your DUI case, and Go Hawks!

 

Written by S.O

Washington State Drinking Laws You Might Not Know About

Washington State Drinking Laws You Might Not Know About

Have you ever been to a restaurant or bar and noticed the bartender just keeps serving an obviously intoxicated person more drinks?  Sure it seems the patron accepting the drinks is on cloud 9 having a great time and the bartender hopes their tip will increase with each new drink made, but what both of these people are unaware of is that over service of alcohol is illegal in the State of Washington.  Or have you ever seen a bartender turn and take a quick shot during a hectic night of work?  Seems like they should be allowed to drink when the bar is that crazy busy, however, drinking while at work is illegal too.

Here are a few Washington State laws pertaining to drinking alcohol that you might not know about.

1.  Over Service of Alcohol (RCW 66.44.200, WAC 314.16.150)

  • Alcohol may not be sold to an individual that is intoxicated.
  • An individual that is obviously intoxicated may not possess alcohol, open or unopened.
  • All alcohol must be removed from an overly intoxicated individual and further service of alcohol must be refused.
  • An intoxicated customer may remain at your business as long as they do not possess alcohol, this allows time for them to sober up and prevent situations like DUI (driving under the influence).

2.  Disorderly Conduct by Business Owners, Staff, or Customers (WAC 314.11.015)

  • Businesses can not allow disorderly conduct by customers, owners, or employees, they must call police if a fight breaks out etc.
  • No owner or employee may drink alcohol while working, this includes on site DJ’s, musicians, and karaoke operators.
  • Business owners and employees are not allowed to be intoxicated at their place of employment no matter if they are working or not working.

3.  Minors, Individuals Under The Age of 21(RCW 66.44.270, RCW 66.41.310, WAC 314.11.020, WAC 314.16.150)

  • Alcohol may not be sold to an individual under the age of 21 years.
  • Individuals under the age of 21 are prohibited to possess alcohol, even if the alcohol container is closed or sealed.
  • Minors are not allowed in age-restricted areas, taverns, or lounges.

Establishments that do not abide by these laws and have histories of DUI, complaints, and police referrals are often targeted by the Washington State Liquor Control Board.  The Liquor Control Board will monitor these businesses through undercover operations to observe and watch for law violations.  They will also investigate through compliance checks where they will send minors into establishments to purchase alcohol.  If laws are broken, the Liquor Control Board may issue fines, revoke licenses, and in worst case scenarios, shut a business down.

 

Written by S.O