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Is that even legal?
I just got this as an email. Make it a fun weekend, but - as always - please be responsible.
NO REFUSALS ACCEPTED FOR MEMORIAL DAY WEEKEND BLOOD DRAWS BEGIN FOR DWI CASES
San Antonio, Texas; May 21, 2008: As was previously announced by District Attorney Susan Reed, this Memorial Day weekend police will obtain a search warrant to draw blood from any person who refuses to provide a breath sample. It is anticipated that this effort will successfully enhance the prosecution of DWI cases in Bexar County.
The blood obtained by these warrants will be tested by the Bexar County Medical Examiner's Office to provide critical scientific evidence to secure a conviction against the Defendant. The No Refusal Accepted weekend begins at 5:00 p.m. on Friday, May 23rd and runs through 7:00 a.m. Tuesday, May 27th. During this eighty-six hour period, a Registered Nurse will be on duty at the San Antonio Magistrate's Office and Detention Facility to draw the blood. An Assistant District Attorney will be on duty to assist with and review the blood search warrants that will then be presented to a magistrate. The District Attorney's Office has met with the various local law enforcement agencies that file DWI cases, trained them on the processes, and has secured their enthusiastic cooperation in this important project.
For more information contact Cliff Herberg, First Assistant District Attorney, at (210) 335-2342.
Is that even legal?
Who can afford beer AND gas?
I don't see how. But then again neither is taxing our income. We have a right to unlawful search and seizure. Not to mention a right to avoid contracting needle drugs by lazy ass hospital workers pissed off about working a holiday.
I'm staying in and drinking....especially tonight.
One SA attorney said it isn't and he expects to have a number of challenges and charges tossed out.
http://www.ksat.com/news/16370023/detail.html
I've got the DWI dude's number saved to my phone...just in case...
That's who we interviewed.I've got the DWI dude's number saved to my phone...just in case...
I saw that...that's why I mentioned it!
Plus, he advertises on ESPN 1250 The Zone. Gotta support the advertisers!
that is ing stupid. sucks for SA.
I heard about this awhile back when Susan Reed brought that program where you could plead guilty to a lesser charge and face 6 months probation. I was like can they really get a warrant to draw blood from you...and three months later here it is...good luck san antonio...and be ing careful...it aint worth it
uh yeah, i'll be drinking and driving wherever i please
Yeah, because you're a ing idiot who has no regard for the safety of others.
Well, there's supposed to be a magistrate on hand to determine if there is probable cause to issue the warrant, but I doubt the magistrate will attempt to determine probable cause with any impartiality.
Job Security for Police and Fire/EMS then....
Don't do anything till you contact a attorney.....
DWI Dude
I wonder what came of this.
Anyone end up with their rights violated?
Quick search turned up this one...
http://www.wfaa.com/sharedcontent/dw....3b0e19c5.html
here in austin, there's an attorney who advertises this as being against your rights and says he'll fight it till the end...
Getting the case tossed is one thing but why not sue the state or county for allowing this. Its a clear violation of your rights.
damn im awesome
pego's on faya!
Actually I can't see how anyone could fight this. With an assistant DA on hand, they can just get a warrant for the blood sample (that's what they do in Dallas).
Gist could have this case thrown out in a heartbeat.
Too bad he's in Italy.
You can't forcably draw blood from someone as a result for exercising your right to refuse a breathilizer.
Not to mention a complete lack of probable cause when you start randomly pulling people over for blood tests.
It wouldn't be randomly pulling people over, it would be pulling people over who exhibit the signs of drunk driving (weaving, etc.).
The warrant is based on probable cause (I have a friend who works in the Dallas DA office, we talked about it shortly after the news came out here about them doing this with drunk drivers).
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