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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

 

What? Adam “Pacman” Jones Arrested During DUI Stop, But He Wasn’t The Driver?

What?  Adam “Pacman” Jones Arrested During DUI Stop, But He Wasn’t The Driver?

Rule #1; Be respectful to the officer!  Nobody has gotten out of a legal situation by being disrespectful to law enforcement, on the contrary, it only makes matters worse.  During a recent DUI investigation, NFL pro player Adam Jones, aka Pacman, didn’t follow David O Defense’s Rule #1 and mouthed off to police officers which resulted in his arrest.  Crazy enough, the Cincinnati Bengles star cornerback wasn’t the individual originally in trouble that day.

Early Monday morning Ohio State Patrol pulled over the car in which Jones was a passenger.  The patrol officers suspected the driver, a women, to be DUI (driving under the influence) and asked her to perform field sobriety tests.  During the women’s DUI investigation, Jones began talking smack to the officers.  The officers didn’t appreciate the disrespectful words of Pacman and cuffed him.

Both Adam Jones and his gal pal were arrested and taken to jail.  The woman was charged with DUI and Jones was charged with disorderly conduct.  They were released later that day.

Don’t forget Rule #1 when under investigation for DUI or any other legal matter; Be respectful to the officer.

 

Written by S.O

 

Lamar Odom Faces Alcohol and Drug DUI Charge

Lamar Odom Faces Alcohol and Drug DUI Charge

Lamar Odom’s life seems to spiraling out of control due to drug addictions and now he’s added a DUI charge to the chaos.

The 6’10” NBA star and husband to Khloe Kardashian, Lamar Odom, has recently been headlining celebrity news with his concealed two year addiction to crack cocaine.  His marriage to Khloe has taken a toll and now possibly his NBA career may be ending.  With all the negative media attention, the L.A. Clippers decided not to resign Odom for another season despite his successful performance on the court last year.  Now to make matters worse, Lamar was pulled over early friday morning by California State Patrol and was charged with driving under the influence of drugs and/or alcohol.

According the police officers, Odom was driving in a “serpentine manner” (too slow) on the 101 Freeway.  When officers approached Lamar’s Mercedes SUV, they smelled heavy odors of alcohol on Odom’s breath and observed behaviors consistent with heavy drug use.  Lamar failed multiple DUI field sobriety tests and refused to take any DUI breath tests.  The NBA player was arrested, taken to jail, and charged with DUI.

Because Lamar  refused the DUI breath test machine at the police station, his CA driver’s license was automatically suspended for one year.  Lamar has already been spotted by paparazzi ducking down in the back of a taxi cab, most likely heading home after spending a few hours in jail.

Lamar’s life is a little messy right now, hopefully he will get his situation cleaned up and straightened out.  For starters he should hire a solid DUI criminal defense attorney to contest his DUI charge.

 

Written by S.O