Holiday DUI Suspects Risk _Forced_ Blood Test

On Jul 3, 10:25 am, Roger Denney > wrote:
> http://www.columbusdispatch.com/live.../stories/2008/...
>
> Holiday DUI suspects risk forced blood test
>
> Court's OK likely if breath exam is refused
>
> Thursday, July 3, 2008 3:27 AM
>
> By Kathy Lynn Gray
>
> THE COLUMBUS DISPATCH
>
> Suspected drunken drivers won't be able to "just say no" to
> blood-alcohol tests in Columbus over the Fourth of July holiday
> weekend.
>
> Police have set up a "no-refusal weekend," meaning that anyone who
> refuses to take a breath-analysis test will face a blood test instead,
> courtesy of two local judges on call to sign warrants.
>
> Officers will take suspects to a local hospital to await the warrant
> and the blood draw.
>
> Ohio law requires blood to be drawn within three hours of the alleged
> violation. Without some kind of blood-alcohol reading, the court has
> only the officer's word that the driver was drunk.
>
> "The ability to refuse being tested is a serious problem in
> enforcement," said Lt. Edward DeVennish, head of the traffic bureau.
>
> "The objective of the weekend is to get awareness of the problems of
> drunk driving out there and maybe influence someone who would
> otherwise drive drunk. We lose too many people to drunk and drugged
> drivers."
>
> The summer holiday weekends of July Fourth, Memorial Day and Labor Day
> are among the worst for drunken-driving crashes. Last year in Ohio, 10
> people died over the Fourth of July holiday, said Sgt. Anne Ralston of
> the State Highway Patrol. Six of the deaths were alcohol-related.
>
> Sgt. Jeff Sowards, who's in charge of Columbus' push this weekend,
> said extra officers will be on patrol. Franklin County Municipal
> Judges Carrie Glaeden and Ted Barrows have volunteered to sign the
> warrants.
>
> Both signed warrants over Memorial Day weekend, the first time
> Columbus tried a "no-refusal" checkpoint. Three warrants forcing
> people to submit to blood tests were signed that weekend, Sowards
> said.
>
> Police departments in other cities in Ohio and across the nation have
> conducted "no-refusal" weekends.
>
> Carl Booth, coordinator of the Franklin County DUI Task Force, said
> Columbus' efforts are part of a countywide push to reduce
> alcohol-related crashes. He said 24 agencies will increase patrols and
> put in about 600 overtime hours this weekend.
>
> Patrols will start earlier in the day because drunken drivers appear
> earlier on the Fourth. Normally, 80 percent of drunken-driving arrests
> are made after midnight and 17 percent between 4 p.m. and midnight.
> But last year on the Fourth, 45 percent of arrests were in the earlier
> period and 50 percent after midnight, Booth said
>
> Columbus police are encouraging people to call 614-645-4545 if they
> see a driver who appears to be drunk, or to call 911 if they see a
> driver seriously endangering others, such as driving the wrong way on
> a freeway.


In NY refusal to take a test is taken as de-facto evidence of
intoxication, and you get a suspended license.

Dave

On Jul 3, 12:27*pm, wrote:
> On Jul 3, 10:25 am, Roger Denney > wrote:
>
>
>
>
>
> >http://www.columbusdispatch.com/live.../stories/2008/...
>
> > Holiday DUI suspects risk forced blood test
>
> > Court's OK likely if breath exam is refused
>
> > Thursday, *July 3, 2008 3:27 AM
>
> > By Kathy Lynn Gray
>
> > THE COLUMBUS DISPATCH
>
> > Suspected drunken drivers won't be able to "just say no" to
> > blood-alcohol tests in Columbus over the Fourth of July holiday
> > weekend.
>
> > Police have set up a "no-refusal weekend," meaning that anyone who
> > refuses to take a breath-analysis test will face a blood test instead,
> > courtesy of two local judges on call to sign warrants.
>
> > Officers will take suspects to a local hospital to await the warrant
> > and the blood draw.
>
> > Ohio law requires blood to be drawn within three hours of the alleged
> > violation. Without some kind of blood-alcohol reading, the court has
> > only the officer's word that the driver was drunk.
>
> > "The ability to refuse being tested is a serious problem in
> > enforcement," said Lt. Edward DeVennish, head of the traffic bureau.
>
> > "The objective of the weekend is to get awareness of the problems of
> > drunk driving out there and maybe influence someone who would
> > otherwise drive drunk. We lose too many people to drunk and drugged
> > drivers."
>
> > The summer holiday weekends of July Fourth, Memorial Day and Labor Day
> > are among the worst for drunken-driving crashes. Last year in Ohio, 10
> > people died over the Fourth of July holiday, said Sgt. Anne Ralston of
> > the State Highway Patrol. Six of the deaths were alcohol-related.
>
> > Sgt. Jeff Sowards, who's in charge of Columbus' push this weekend,
> > said extra officers will be on patrol. Franklin County Municipal
> > Judges Carrie Glaeden and Ted Barrows have volunteered to sign the
> > warrants.
>
> > Both signed warrants over Memorial Day weekend, the first time
> > Columbus tried a "no-refusal" checkpoint. Three warrants forcing
> > people to submit to blood tests were signed that weekend, Sowards
> > said.
>
> > Police departments in other cities in Ohio and across the nation have
> > conducted "no-refusal" weekends.
>
> > Carl Booth, coordinator of the Franklin County DUI Task Force, said
> > Columbus' efforts are part of a countywide push to reduce
> > alcohol-related crashes. He said 24 agencies will increase patrols and
> > put in about 600 overtime hours this weekend.
>
> > Patrols will start earlier in the day because drunken drivers appear
> > earlier on the Fourth. Normally, 80 percent of drunken-driving arrests
> > are made after midnight and 17 percent between 4 p.m. and midnight.
> > But last year on the Fourth, 45 percent of arrests were in the earlier
> > period and 50 percent after midnight, Booth said
>
> > Columbus police are encouraging people to call 614-645-4545 if they
> > see a driver who appears to be drunk, or to call 911 if they see a
> > driver seriously endangering others, such as driving the wrong way on
> > a freeway.
>
> In NY refusal to take a test is taken as de-facto evidence of
> intoxication, and you get a suspended license.
>
> Dave- Hide quoted text -
>
> - Show quoted text -

In Texas the lawyers recommend you DON'T take the breathalyzer. You'll
lose your license anyway.

"HughJorgan" > wrote in message
...
On Jul 3, 12:27 pm, wrote:
> On Jul 3, 10:25 am, Roger Denney > wrote:
>
>
>
>
>
> >http://www.columbusdispatch.com/live.../stories/2008/...
>
> > Holiday DUI suspects risk forced blood test
>
> > Court's OK likely if breath exam is refused
>
> > Thursday, July 3, 2008 3:27 AM
>
> > By Kathy Lynn Gray
>
> > THE COLUMBUS DISPATCH
>
> > Suspected drunken drivers won't be able to "just say no" to
> > blood-alcohol tests in Columbus over the Fourth of July holiday
> > weekend.
>
> > Police have set up a "no-refusal weekend," meaning that anyone who
> > refuses to take a breath-analysis test will face a blood test instead,
> > courtesy of two local judges on call to sign warrants.
>
> > Officers will take suspects to a local hospital to await the warrant
> > and the blood draw.
>
> > Ohio law requires blood to be drawn within three hours of the alleged
> > violation. Without some kind of blood-alcohol reading, the court has
> > only the officer's word that the driver was drunk.
>
> > "The ability to refuse being tested is a serious problem in
> > enforcement," said Lt. Edward DeVennish, head of the traffic bureau.
>
> > "The objective of the weekend is to get awareness of the problems of
> > drunk driving out there and maybe influence someone who would
> > otherwise drive drunk. We lose too many people to drunk and drugged
> > drivers."
>
> > The summer holiday weekends of July Fourth, Memorial Day and Labor Day
> > are among the worst for drunken-driving crashes. Last year in Ohio, 10
> > people died over the Fourth of July holiday, said Sgt. Anne Ralston of
> > the State Highway Patrol. Six of the deaths were alcohol-related.
>
> > Sgt. Jeff Sowards, who's in charge of Columbus' push this weekend,
> > said extra officers will be on patrol. Franklin County Municipal
> > Judges Carrie Glaeden and Ted Barrows have volunteered to sign the
> > warrants.
>
> > Both signed warrants over Memorial Day weekend, the first time
> > Columbus tried a "no-refusal" checkpoint. Three warrants forcing
> > people to submit to blood tests were signed that weekend, Sowards
> > said.
>
> > Police departments in other cities in Ohio and across the nation have
> > conducted "no-refusal" weekends.
>
> > Carl Booth, coordinator of the Franklin County DUI Task Force, said
> > Columbus' efforts are part of a countywide push to reduce
> > alcohol-related crashes. He said 24 agencies will increase patrols and
> > put in about 600 overtime hours this weekend.
>
> > Patrols will start earlier in the day because drunken drivers appear
> > earlier on the Fourth. Normally, 80 percent of drunken-driving arrests
> > are made after midnight and 17 percent between 4 p.m. and midnight.
> > But last year on the Fourth, 45 percent of arrests were in the earlier
> > period and 50 percent after midnight, Booth said
>
> > Columbus police are encouraging people to call 614-645-4545 if they
> > see a driver who appears to be drunk, or to call 911 if they see a
> > driver seriously endangering others, such as driving the wrong way on
> > a freeway.
>
> In NY refusal to take a test is taken as de-facto evidence of
> intoxication, and you get a suspended license.
>
> Dave- Hide quoted text -
>
> - Show quoted text -

In Texas the lawyers recommend you DON'T take the breathalyzer. You'll
lose your license anyway.


A few years back there was a Texas county sheriff who refused to take a
breathalyzer test when pulled over for DWI. His explanation was that as a
law enforcement official he knew how easily the results could be
manipulated.

- B

HughJorgan wrote:

> In Texas the lawyers recommend you DON'T take the breathalyzer. You'll
> lose your license anyway.

How so ?

I've passed 3 breathalysers.

Graham

In article >,
HughJorgan > wrote:
>
>In Texas the lawyers recommend you DON'T take the breathalyzer. You'll
>lose your license anyway.

Yeah, they'll administratively suspend your license, but they'll have
a harder time getting the criminal conviction.

Maryland has gotten around that by making refusal prima facie evidence
of guilt in the criminal DUI case. **** on the Fifth Amendment.
--
There's no such thing as a free lunch, but certain accounting practices can
result in a fully-depreciated one.

On Jul 3, 8:47*pm, Eeyore >
wrote:
> HughJorgan wrote:
> > In Texas the lawyers recommend you DON'T take the breathalyzer. You'll
> > lose your license anyway.
>
> How so ?
>
> I've passed 3 breathalysers.
>
> Graham

Not too hard to do if you have'nt been drinking.