FLORIDA: New DUI Law Makes Blood Tests Mandatory

g under p

FLORIDA: New DUI Law Makes Blood Tests Mandatory

MIAMI – (CBS4) – DUI checkpoints are commonplace around the holidays, but a recent change in the law could make it easier for drunk drivers to end up behind bars.
Florida is now one of several states holding “no refusal” checkpoints. It means that anyone who refuses a breath test could be forced to undergo a mandatory blood test. A judge is on site and ready to issue an order requiring a blood test. Several counties have already done it.
“I think it’s a great deterrent for people,” said Linda Unfried, of Mothers Against Drunk Driving. “I think you’ll see the difference because people will not drink and drive. I truly believe that.”

But others say the measure goes too far and violates basic constitutional rights.
“It’s a slippery slope and I think it’s got to stop somewhere,” said DUI defense attorney Kevin Hayslett. “What other misdemeanor offense do we have in the United States where the government can forcefully put a needle into your arm — either to take your blood or put something in your system? It makes no sense.”
The federal government data shows Florida has among the highest rate of breathalyzer refusal.

This is a follow up to those other threads on DUI. This came up this morning on the radio....In that Florida is one of the states that leads the nation in refusal of the breathalyzer. Reason being that upon refusing the test one gets arrested for refusing but it takes hours before one is given a test. By then your level tested might get you to pass or a much lower blood alcohol number. Also lawyers here instruct clients to refuse the test because it gives them a better chance of passing the test.

So this new checkpoint test may eliminate that time scenario where drivers could get off. They will have a judge at the checkpoint to give the officers orders to give you or I a blood test on the spot. It eliminates the time it takes to be tested back at the station.

My only concern is the medical aspect of this...who will administer the test and how clean it will be? When you have hundreds of drivers at a checkpoint how safe will such a test be? I could possibly see many lawsuits coming from this. Also do you think this is another constitutional right being taken away by our government as some are saying?

Peace

JonnyPistachio

hey G, my buddy is a cop here in south florida and he said there are tons of people who used to do this -- refuse the test if they knew they were drunk. They usually end up gettin gtheir license suspended for a bit (maybe 1 yr), but that sure beats a DUI and all the court costs.

I dont know how well this new law will work, but there are way too many drunk drivers causing problems around here. Then again, I would NEVER let some stranger on the side of the road draw blood from me.

I just hope they dont crack down on us BUI's, aka Bicycling under the influence.

Drowned Out

judges on site? yikes...

g under p

JonnyPistachio wrote:

hey G, my buddy is a cop here in south florida and he said there are tons of people who used to do this -- refuse the test if they knew they were drunk. They usually end up gettin gtheir license suspended for a bit (maybe 1 yr), but that sure beats a DUI and all the court costs.

I dont know how well this new law will work, but there are way too many drunk drivers causing problems around here. Then again, I would NEVER let some stranger on the side of the road draw blood from me.

I just hope they dont crack down on us BUI's, aka Bicycling under the influence.

BUI.... first I've ever heard of it but that's a good one. I start back to work on Thursday and I'm riding my bike straight down Lake Worth Road to the ocean. I don't think I'll be under the influence but you never know. My other half said this morning that that court costs and other fines can run from 5-10 thousand dollars. That'll ruin any evening of fun.

Well I'm the one who drives so I don't drink a drop, I like that cause i like to look the officer in the eye and tell him or her *I haven't had a sip of alcohol to drink today officer* No need for me to refuse the breath test. Just keep that needle away from me....I like to give the needle not take it.

Peace

mysticweed

i have to take a valium before any needle comes near me
i wonder if they would give me the 20 minutes i would need

JonnyPistachio

g under p wrote:

JonnyPistachio wrote:

hey G, my buddy is a cop here in south florida and he said there are tons of people who used to do this -- refuse the test if they knew they were drunk. They usually end up gettin gtheir license suspended for a bit (maybe 1 yr), but that sure beats a DUI and all the court costs.

I dont know how well this new law will work, but there are way too many drunk drivers causing problems around here. Then again, I would NEVER let some stranger on the side of the road draw blood from me.

I just hope they dont crack down on us BUI's, aka Bicycling under the influence.

BUI.... first I've ever heard of it but that's a good one. I start back to work on Thursday and I'm riding my bike straight down Lake Worth Road to the ocean. I don't think I'll be under the influence but you never know. My other half said this morning that that court costs and other fines can run from 5-10 thousand dollars. That'll ruin any evening of fun.

Well I'm the one who drives so I don't drink a drop, I like that cause i like to look the officer in the eye and tell him or her *I haven't had a sip of alcohol to drink today officer* No need for me to refuse the breath test. Just keep that needle away from me....I like to give the needle not take it.

Peace

Good stuff man... and good luck at that traffic circle at 'A' street and LW road! I almost get killed at that circle once a week! That is the area I see the most drunks too. I ride my bike downtown along Lake Ave quite a bit, and I am suprised to see a car side-swiping all the parrallel parked cars every now and then. I hate to say it, but i'm sure you noticed there is a large population of illegals in that area, and they are prone to drink and drive for some reason. I see them getting carted off every weekend for DUI.

And sadly, you can actually get a DUI on a bike, seriously! But thats the only risk I take.
ride safe buddy, and seriously, stay on the sidewalk! I dont use the bike lanes anymore after I saw a biker get mowed down. It sounds like Mad Max in our town, huh?

Nittany1bn

in some states they can extrapolate your probable BAC if you refuse the test. when you take the test at a later time they just do the math and see what you would have blown in the first place (based on time and body weight) because alcohol metabolizes at a fairly consistent rate. also if you take the blood test they can find illegal drugs in your system, in PA driving high on weed is the same crime as driving drunk, but there is no legal limit for weed. it's alot easier to just not drive drunk

g under p

Nittany1bn wrote:

in some states they can extrapolate your probable BAC if you refuse the test. when you take the test at a later time they just do the math and see what you would have blown in the first place (based on time and body weight) because alcohol metabolizes at a fairly consistent rate. also if you take the blood test they can find illegal drugs in your system, in PA driving high on weed is the same crime as driving drunk, but there is no legal limit for weed. it's alot easier to just not drive drunk

You know you just brought up a very good point in that when they take a blood test they can literally find all sorts of drugs in your system IF you've taking other controlled substances. Now that can be a real mess.

I don't know though a good lawyer could find some holes in their math. Something down here has caused this state to want to go to this extreme to curve the drunk driving. Even though I just moved here they have some of the BEST roadways down here and better yet it's ALL flat. That said I've seen more chalked out lines and crosses here than I've seen in all the northern states I've lived.

I don't know how motorcyclists ride down here WITHOUT a helmet. I couldn't do it no matter how kool it appears to be.

Peace

BinauralJam

g under p wrote:

I don't know how motorcyclists ride down here WITHOUT a helmet. I couldn't do it no matter how kool it appears to be.

Peace

Agree, my parents live in Daytona Beach, i've been there during Bike Week, there crazy.

mca47

I think they have gone waaaaaay too far with this.

g under p

mca47 wrote:

I think they have gone waaaaaay too far with this.

I don't know about that, you may think differently IF a drunk driver killed a family member of yours. Besides you do have a choice....take the breathalyzer if not you will get a blood test.

In some states like Idaho you can be forced to take a bloodtest if you refuse the breathalyzer. Their Supreme Court says as much.....http://www.isc.idaho.gov/opinions/diaz.pdf

Peace

catefrances

so this blood test will only be administered if you get pulled over for suspicion of drunk driving?? or do you have RBT over there where the cops pull over a bunch of random cars at a particular location?

the first scenario im okay with, but only with reasonable cause and only if administered by a trained professional. the second, no.

BinauralJam

I was talking about this with my wife tonight and repeated the point somebody made about being afriad of needles and how that seemed, like the thing that crossed the line, or that stood out to me, her response was, then you take the Breathealizer, which sound logical to me.

what do ya think?

i'm not afraid of needles i should point out.

g under p

I think Arizona still has the toughest law for DUI. I plan on retiring there in PHX so any drinking will done at home.

http://www.azduilaws.com/arizona-implied-consent.html

The suspect has no choice in the manner of test. That choice is up to the arresting officer. If the arresting officer says "blood test" then that's exactly what you get.

Once convicted of DUI, the perp loses his license for a mandatory 90 days minimum, and then the perp had best get used to breathalyzers because he's going to be taking a LOT of them.

Like every time he starts his car, he's going to have to take a breathalyzer. His license is restricted to vehicles with an approved ignition interlock device installed, which he must drive with fewer than 3 "oopsies" in a year.

Don't think Mr. Boozer can just get somebody else to blow in the interlock device either, as it alerts randomly while the car is running and the breathalyzer test must be repeated again or the vehicle will be disabled.

Neither can Mr. Boozer simply wait a year and just not drive... the clock doesn't start ticking on the required year until he drives an equipped vehicle for a total year. If Mr. Boozer never drives a breathalyzer-equipped vehicle, then he never gets the restriction removed from his license.

Frauds such as hacking the breathyzer interlock are prevented by a required monthly inspection of the ignition interlock device. Any evidence of cheating or tampering resets the one-year clock back to zero.

Should Mr. Boozer be caught driving a vehicle unequipped with a breathalyzer ignition interlock device then his license is suspended for another 90 days and then the year starts anew. If he's caught DRUNK driving then the charge is elevated to AGGRAVATED DUI and that's a felony. Mr. Boozer is facing at least a year in prison.

Arizona doesn't mess around with DUI. Anybody driving on our roads drunk is in for a whole mess of hurt and may well wind up never driving again.


Peace