4 ms·
Probably won’t though. It’s a pain in the ass.
by xwdv 3y ago
Probably won’t though. It’s a pain in the ass.
- standardUser 3y agoAnd you rejecting a breathalyzer is a pain in their ass. I was on a jury for exactly such a case and it did not sound like the cops hesitated for one second to draw the guys blood.
- bragr 3y agoThey definitely will. In the US, cops typically apply for an electronic warrant from the local on-call judge on the way to or at the hospital and a nurse will administer the blood draw. Go watch a couple DUI arrests on youtube, it's the most routine thing for the cops and medical staff.
- BobaFloutist 3y agoI have to say, in this particular case it seems like a reasonable approach, but the phrase "an electronic warrant from the local on-call judge" seems to be somewhat at odds with the purported purpose of a warrant.
- bragr 3y agoIn what way is that at odds? A search warrant just a affidavit of why you think (the visible signs of intoxication and/or field tests) you're going to find a particular something (booze/drugs) in a particular place (your blood) that's signed off by a judge so they can take it by force (hold you down and draw your blood if they have to). There's really no hearing or particular extra procedure on top of that. If the warrant is invalid, you challenge it at your trial to get the evidence suppressed, but not when it is issued. Procedurally there's no difference presenting that document to sign in person or electronically. In the old days, you might have had to drive the judge's house in the middle of the to have them physically sign something urgent, but we have email now. As for judges being on-call, that's just how many courts choose to divide up the labor.
- earthling8118 3y agoThe purpose of a warrant isn't their concern. That's just an annoying implementation detail that the system is happy to ignore.
- pliftkl 3y agoDepends a lot on the jurisdiction. In Austin, the police will declare "no-refusal" weekends (typically holidays) in which they declare in advance that they'll get a warrant for a blood draw in the case of refusals. If you look at the DUI arrest stats for those weekends, about half of them involve warrant based blood draws after breathalyzer refusals.
- teamspirit 3y agoDoes this imply on the other days one can refuse and not get their blood drawn? Otherwise, what's the point of a "no refusal weekend?"
- justrealist 3y agoIt's up to the judgement of the officer whether to get a draw at other times.
- mcpackieh 3y agoLocking up a drunk driver is worth the hassle.