DWI ADVICE

[guest042312]

Originally Posted by mirandalee

not true my second dwi i had to tke ablood test. You could refuse the breath test. The only tim te police need a warent is to search your car, or home. Getting my degee for Criminal Justice I have learned a whole lot...

Yes you can refuse both the blood and the breath test.. but you better be ready to pay the price in doing so.. The failure to do so "costs" I have gathered are as bad or worse than getting the DUI.

[ShysterJon]

Originally Posted by KRiggins

What if a person is on a blood thinner like Coumadin? That would mean that the person would have increased bleeding after the puncture. Would that qualify as a reason to not draw blood?

Originally Posted by medingdong

No, that is why a qualified medical person should be drawing the blood. Or the "certified" officer should ask you certain medical questions.

In my view, KRiggins' suggestion shouldn't be rejected so quickly. In the Johnston case, the court held that the person empowered to take the sample of the defendant's blood was qualified. Nevertheless, the court expressed concern for the situations I mentioned, such as "fear, concern for health, or religious scruple" or a "specific medical condition that may create an unjustified risk, trauma, or pain."

If a DWI suspect used Coumadin, or had hemophelia, I can envision the sample-taker hesitating or refusing to take the sample, and I can imagine a trial judge or appellate court ruling that taking such a sample would be "unreasonable" under the Fourth Amendment.

My opinion is a legal one only. I am not qualified to speak to the science of blood conditions or pharmaceuticals.

[Guest042413]

Originally Posted by medingdong

Yeah, Olivia.... even your lawyer will tell you that you didn't have to give it. A judge has to sign a warrant to obtain a blood sample. That is what the big deal is about during the no refusal weekends. In Brazoria, Galveston and Harris county, they have a mobile judge with an EMT to draw blood on site when not giving consent for a FST and breath test. Trust me ladies, I'm going through mine right now.... have been for 5 months now. 15k later and a lot of learning and advice from my lawyer. The ONLY time you are required to do anything like that, is if a judge signs a warrant for it. Otherwise, I'm pretty sure your 4th, 8th and 14 amendments were violated.

ARGUE WITH ME ALL YOU WANT MY LAWYER SAID THEY FORCED ME TO GIVE BLOOD THEY DID NOT OBTAIN A WARRANT... So there for im going to win my case

[Woodduck82]

I'm not arguing with you babe, I just merely stated what I have learned during the course of mine. I hope you get out of it... or your blood results show that you were below the legal limit. Hope to see you when I get back from out of town.