Thursday, May 22, 2008
Denton County’s “No Refusal Weekend” targets drunk drivers
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If you get caught drinking and driving this Memorial Day weekend, police will make you an offer than you can't refuse.
Law enforcement agencies across Denton County will participate in the first DWI "No Refusal Weekend".
Intoxicated drivers and boaters who refuse a breathalyzer test will be taken to jail to give court-ordered blood samples.
Sponsored by the Denton County District Attorney's Office, the program is designed ensure that evidence - in the form of a sample of the suspect's breath or blood - is obtained in order to determine the alcohol concentration in the suspect's system.
"We hope through the coordinated effort of all agencies and some of our Judges, this will be a safe Memorial Day Weekend," said Jamie Beck, First Assistant Criminal District Attorney.
"This should send a message that everyone should think twice before drinking and driving or drinking and boating."
"No refusal" policies have become increasingly common in North Texas cities and in other counties across the state. The programs have not only been successful in improving the rates of conviction of DWI drivers and boaters, but have also served as an effective deterrent, according to law enforcement officials.
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Comments
Pavel Lishin Verified
What was the policy before hand?
"Will you submit to a breathalizer?"
"Err.. uh... no?"
"Okay, have a good day, drive safe."
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
John McClelland Verified
I was about to ask the same thing. Is that not a standard thing to do in the 1st place?
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
Scott Doyle Verified
Uhh, I wasn't even aware they could force a blood sample if you refuse the breathalyzer. Thought they just slapped you with charges and held you in the cage for awhile.
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
James Scott Verified
I think that's why this story is news, because right now, they can ask for a breathalyzer, but they can't force you to take one. They also can't force you to give a blood sample. Without the breathalyzer (or blood sample), it is more difficult to be convicted of DUI because there isn't any hard evidence - so right now refusing a breathalyzer is your best bet in beating a DUI.
This story is noteworthy because they are in effect forcing you to submit a blood sample through court order, which will make it much tougher to fight a DUI conviction.
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
EdWeirdness Anonymous
Hope Denton has the money to defend against the law suits this might engender. The arresting officer should also likewise submit to a breathalyzer and a blood test, fair's fair!
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
toddmyers Anonymous
Just another example of the increased Police State in this country. "VE VILL SEE YOUR PAPERS!" Where does it stop? It's bad enough that if you refuse the the breathalyser or any other sobriety test you'll end up in jail and at the very least you will be out a couple of grand in legal fees to go to trial, win or lose but this is outrageous. (Not to mention that any employer can demand to know your personal habits OFF THE JOB by making you pee in a cup just so you can make a living! But, I digress...) I guess since the Irving police department had such a hard time after arresting a guy for walking across his hotel lobby, Denton thought they'd go for something easier. "Oh we'll just get these drunk drivers and boaters... and it doesn't matter whether or not they are really drunk, we'll just use our superior knowledge and training to decide who we arrest." What BS! This is no deterrent, nobody thinks that they will get caught, people are going to drink and drive/boat anyway. This is just another way for the neo-prohibitionist to stick their noses into everybody elses business and another way for another county in Texas to make lots of money. If this were truly all about safety, as they say, then if a person is arrested and they are not above the legal limit, then there should be some form compensation like, you get whatever the maximum fee would be if you were drunk. What is it? $2,000.00 or something like that? I'd like to see how many "dragnets" they put out if they actually had to pay people they arrest wrongly. Don't get me wrong, if you commit a crime, you should be punished but, (and this is a big BUT) in this country one is innocent until PROVEN guilty and one does NOT have to incriminate oneself! This is a big 4th and 5th amendment issue. The police do not have the right to search me unless they have proper justification and the state does not have the right to compel me to incriminate myself which is what compelling a blood or breathalyser test would do. Remember, more people are killed by people who are driving while tired from being over worked and getting too little sleep than are killed by drunk drivers! And finally let me say that if you do kill or injure someone while driving under the influence, you should be locked up for life. No exceptions. You know you're drunk, you know your vehicle is potentially a lethal weapon, you wreck, you pay the price. We cannot however start convicting people without due process. Oh, that's right, we already are... Can I have my constitutional protections back, please!?!
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
Scott Doyle Verified
Christ. 2nd time in 2 days.
Please read.
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
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