Austin police started a "no refusal" policy for suspected drunk drivers which allows the police to automatically get a warrant to draw blood from the suspected drunk drivers if they refuse a breathalyzer. They have enforced this policy on holidays such as Halloween, New Years, and Mardi Gras with the reason that there will be more people driving under the influence during these times and want more evidence to convict them.
I am all for convicting people driving under the influence but I believe forcing out their blood is against the person's rights. Austin Police Chief Art Acevedo wants to train cops to draw the blood and I think that idea is ridiculous. Even Williamson County has a nurse to draw the blood. People who haven't been to nursing or medical school should not be taking the blood out of someone's body, especially from somebody who might be drunk and squirming around. That sounds like an injury lawsuit waiting to happen.
This way of collecting evidence is already getting DWI cases in other parts of the state thrown out. Defense attorneys are arguing the accuracy and legality of these results. They are learning in detail about how much blood should be drawn and stored and why these issues can alter the results. A handful of cases have already been dropped on these grounds. People who were possibly driving under the influence got their cases dropped because of some loophole about drawing their blood. That is reason enough not to have this policy. If cops are going to do this, there needs to be a very defined law about how this process should be carried out.
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I heard about the "No Refusal" Policy, but never really gave a thought about it until I read this article. It was the latest “No Refusal” enforcement from the Austin Police Department, the program where if a driver is pulled over for an Austin DWI, they may not decline to take a breathalyzer test. And if the driver says “no,” the Austin police officer can get a warrant for their blood. This isn’t the first time the Austin Police Department has instituted the “No Refusal” policy/Austin DWI blood draws. They’ve done it two times previously. I really agree with my classmate in that issue that taking a breathalyzer test is different thing and taking a blood is totally insane. I know people get crazy on weekends; they get nuts but come on seriously! I do believe forcing out their blood is against the person's rights. I find it somewhat offensive because I think it is requiring people to incriminate themselves, I think it sets a dangerous precedent when we strap people down and force a needle in them to draw their blood. You may think it’s beneficial to everybody around to get the drunk drivers off the road, but you can take them to jail anyway if they refuse a breathalyzer and that takes them right off the street. I like the point while reading this articles about "Injury lawsuit waiting to happen", of course not all enforcement agency officer know how to draw blood which might put agencies into serious problems. I am very much into taking DWI out of the road but lets try some thing else which might as not be dangerous as drawing blood.
ReplyDeleteThe "No Refusal" Policy is a great idea to get rid of drunk drivers on the road. Basically it gives authorities to the police officers to draw blood from the suspected drunk drivers if they refuse to take a breathalyzer test. Although it might sound crazy to most people, I personally agree with the police should take stronger action to stop people from drink and drive. I think the government is giving too much individual right to the people and neglected the consequence of it. As I just took a defensive driving class couple weeks ago, I was told that drunk driving is the No.1 cause of accident. I really agree with my classmate in injury lawsuit is waiting to happen. Forcing a needle in them to draw blood might cause certain level of injuries. However, are a poke and a couple drops of blood worthier than the other innocent drivers' life on the road? As an individual, it seems like violating a person's rights. But as a whole, it gives more safeties to other people. Furthermore, there will be no reason to refuse taking a breathalyzer test rather than a blood test if the suspected drunk drivers didn't drink. The only thing I don't agree with the policy is that the drawing blood is done by the police officer. As what my classmate said, "people who haven't been to nursing or medical school should not be taking the blood out of someone's body."
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