Anyone in Tennessee?

unsung

Be careful out there...

http://benswann.com/tn-cops-to-draw-blood-at-labor-day-weekend-no-refusal-dui-checkpoints/

gimmesometruth27

i still say that this should be unconstitutional. the stops themselves, and then making someone submit to a medical procedure, the drawing of blood, and with the right of refusal violates unreasonable search and seizure. at least to me it does.

from the article:

"Civil liberties advocates often question whether police checkpoints, which force motorists to submit to a criminal investigation on the basis of their geographic location rather than probable cause, violate the Fourth Amendment to the US Constitution. Also, police positioned at checkpoints do not have an opportunity to see how a suspect has been driving and instead must rely on less-precise indicators like red eyes or fatigued behavior, which might also suggest that the suspect is coming home from a long work shift and not intoxicated at all. As more officers are placed at checkpoints, fewer can subsequently be assigned to patrols upon which they could watch for impaired motorists in the act of driving dangerously."

hedonist

There've been times driving home from a long workday, where if I were pulled over FOR CAUSE, the officer looking at my face, eyes, might have some questions (though NOT based on my driving or demeanor).

And that's fine. Do your job, totally with you.

But to be forced to submit to having my blood drawn?

Fuck that.

I have no problem with the checkpoints, especially during those periods where DUIs are more likely to happen. But from there, go on behavior, smell of alcohol, if there's slurred speech, etc. Common sense!

Thirty Bills Unpaid

I'm on the side of law enforcement, but this is crossing the line.

josevolution

Fuck that i guess they would have to call a certified nurse or tech to draw it from you there is no way i would let a cop stick a needle in my arm ....

Idris

edit!

Last-12-Exit

So in Tennessee, you can't refuse a breathalyzer test? I'm pretty sure that's not legal. Don't you have the right to refuse? And Jose, your exactly right. There's not a snowballs chance in hell that I would let a HP draw blood from me. They aren't even trained to do that. That is also illegal. They would have to have at minimum a paramedic to administer that. Everything about that seems wrong. Be safe this weekend. Let's all start by not drinking and driving.

rr165892

Isnt it our right to turn away and not stop?

josevolution

rr165892 said:

Isnt it our right to turn away and not stop?

I bet if you did they would def come after you and assume you were drunk , I've seen it happen here in the City ...

chadwick

each officer in the military style marching photo should feel like a nazi because that is exactly who they are trying to be like, fuckers!

i hope & i pray not one single car drives through their fucked up little check point but if a car does i hope it is the governor & he (married) & his mistress are fucking bombed off their asses.

very drunk, both of them.
prescription medications, no prescriptions.
he has a sandwich bag with 19 viagra inside bag.
whose vintage syringe in the backseat?
& now finally for some audience participation - she is still actually wearing a strap on, true or false?

tennesse highway patrol
what to do lovin it what to do lovin it

Thirty Bills Unpaid

chadwick said:

each officer in the military style marching photo should feel like a nazi because that is exactly who they are trying to be like, fuckers!

i hope & i pray not one single car drives through their fucked up little check point but if a car does i hope it is the governor & he (married) & his mistress are fucking bombed off their asses.

very drunk, both of them.
prescription medications, no prescriptions.
he has a sandwich bag with 19 viagra inside bag.
whose vintage syringe in the backseat?
& now finally for some audience participation - she is still actually wearing a strap on, true or false?

tennesse highway patrol
what to do lovin it what to do lovin it

Nothing would happen.

Our province's premier was sloshed and had a DUI while partying down in Hawaii. He cried (literally... I'm being serious) and asked for forgiveness. He didn't need it though because he was intent on carrying on with his business whether he received forgiveness or not.

The average joe's life is turned upside down with a DUI, yet the elite go unscathed. It stinks and I don't like it.

His 'business' was taking the first steps towards eliminating the middle class and promoting capitalism unchecked: sticking it to health care and education, while tossing out generous tax breaks for multinational companies intent on raping our province of it's vast source of natural resources.

chadwick

can a canadian with a dui under his/her belt venture across the canadian/usa border with no problems? a us citizen can not go into canada with a dui on their record (this includes simple marijuana possession) although i have heard of the canadian government wiping the slate clean of the american's for a nice little fee plus a waiting game

brianlux

Nobody's going to draw [edit] blood from me those [edit]! What a bunch of [edit] [edit] [edit] wipe [edit]!

chadwick

from what i understand cops will shoot to get blood for the labs to test

hedonist

Forced blood extractions take place off-site at a police precinct, making the process time consuming for individuals who might be innocent. Additionally, for those who refuse to comply, extraction locations are equipped with tools to strap down suspects and masks to cover their faces.

Is this for real or just hand-wringing? It reminds me of something out of "Frances".

badbrains

This is so wrong in SO MANY ways. Wtf is happening to our country? Wow, this shits really happening....

norm

so at this point, the government has take the 4th amendment, torn it out of the constitution, took a shit on it and set it on fire

No-Refusal DUI Enforcement

As more state and local law enforcement officials enact "no-refusal" DUI enforcement policies, it has become increasingly important for motorists to understand how the law deals with those who refuse blood alcohol tests.

Motorists suspected of drunk driving typically are asked to submit to a breathalyzer test to determine blood-alcohol concentration (BAC). A positive test result (0.08 percent or higher) triggers DUI charges, while refusal to take the test typically results in an automatic driver's license suspension.

The Rise of No-Refusal Policies
This problem theoretically could be overcome by obtaining a search warrant for the DUI suspect's breath or blood, which presents some logistical hurdles. Before advances in technology, paper warrants had to be brought to the judge's home or office; the process often would take hours. Meanwhile, the DUI suspect would sober up at a rate of about 0.01 percent (BAC) per hour.

All states have "implied consent" laws in place, which punish the refusal to take a blood alcohol test, however many states have found these laws insufficient to deter drunk driving. A 2003 NHTSA study found that implied consent laws fail to significantly reduce blood alcohol test refusals. The study also concluded that suspects who avoid testing often avoid serious DUI penalties.

By the time the officer obtained a warrant and secured a blood draw by a licensed health care professional, the suspect might already be sober or at least under the 0.08 percent BAC threshold.

Now, officers in many jurisdictions are able to contact on-call judges remotely and have an electronic warrant (PDF, NHTSA) sent directly to their smart phones or computers, solving the time delay issues. These are called no-refusal policies because refusal of a court-ordered BAC test (via warrant) can lead to more serious contempt charges.

You can still refuse a BAC test when no-refusal policies are in effect but you can't legally refuse a search warrant for a BAC test. Texas police are even authorized to use force to obtain a blood sample with a warrant. So technically you are free to refuse; but refusal is becoming a much less attractive option for suspected drunk drivers.

Currently, at least 30 states have the legal authority in place to conduct no-refusal initiatives, though not all of these states are actively putting them into practice, and many places use no-refusal policies during selective time periods. State and local jurisdictions often have high-profile no-refusal weekends during holidays and other periods of high alcohol consumption in order to deter drunk drivers in the first place.

Criticism of No-Refusal Initiatives
The American Civil Liberties Union (ACLU) is one of the most vocal critics of no-refusal policies, claiming they violate drivers' rights against unreasonable search and seizure. The ACLU also claims no-refusal initiatives raise questions regarding medical privacy, specifically whether any additional data gathered from a blood draw is being used.

The policies also have been challenged in the courts but so far none have prevailed. Ask a DUI attorney in your state to find out more about DUI enforcement policies in your neighborhood.
http://dui.findlaw.com/dui-arrests/no-refusal-dui-enforcement.html

brianlux

I'm guessing Tennessee's tourist agency is shitting bricks. Either that or they're all for seceding from the union.

Gern Blansten

I don't have an issue with this. Simply submit to the non invasive breathalizer and be on your way.

It certainly isn't "unreasonable" to blow into a tube in the effort to make our roads safer

callen

Have same in Texas.

mickeyrat

inherent with these programs is a listing of exact locations/times PRIOR to the blitz. know where they are and avoid these routes if you are going to put you and everyone else in harms way by drinking and driving. pretty fucking simple.

unless you want to be a test case on the unconstitutionality of this. THEN put up a fight. resist so more charges can be filed.


OR use a Designated Driver or dont drink and drive in the first place.