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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

 

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

High School Bus Driver Charged with DUI, Reckless Endangerment, and 36 Counts of Child Abuse

High School Bus Driver Charged with DUI, Reckless Endangerment, and 36 Counts of Child Abuse

Unbelievable newsworthy story originating out of Westminster Colorado, where high school bus driver, Burton Carpenter, allegedly consumed alcohol before getting behind the wheel of the bus to drive 30 high school football players to their September game.  Needless to say, police were called and Carpenter was arrested for DUI (Driving Under the Influence).

According to a Mountain Range football coach, Carpenter was so intoxicated that he couldn’t drive the bus straight, he was straddling lanes, and had to be directed back into the school parking lot where he crashed into a parked pickup truck.

A bystander claimed, Carpenter gloated that he had been drinking vodka from a 32oz. Gatorade bottle.

When Colorado police arrived on the scene, they noted Carpenter’s eyes were bloodshot, his speech was slurred, and when he exited the bus he fell down the steps catching himself on the side of the bus.  Police reported his BAC (Blood Alcohol Content) level was .20, over twice the legal DUI limit and claimed Carpenter openly admitted to drinking Vodka before driving.

Carpenter was arrested and taken to the police station.  In addition to being charged with DUI, Burton Carpenter was also formally charged with reckless endangerment and 36 counts of child abuse.  He is due back in court sometime in December.

The Adams School District reported they run criminal background checks on all bus drivers and Carpenter’s was clean when they hired him under a year ago.  However, police discovered he had lost his prior job as a nurse due to substance abuse problems.

My guess is Burton would be a good candidate for a deferred prosecution.  In Washington State, a deferred prosecution is a special program for those suffering with alcoholism.  The deferred prosecution is a five-year program which includes court supervision, monitoring and two years of alcohol/drug treatment.  If an individual successfully completes the five-year program without any violations the charge of driving under the influence (DUI) will be dismissed.  This is a great program for some because it creates a win win.

 

Written by S.O