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re: OT Police, why don’t go directly to the breathalyzer?

Posted on 7/24/24 at 3:47 pm to
Posted by Tantal
Member since Sep 2012
19821 posts
Posted on 7/24/24 at 3:47 pm to
quote:

Turn that one down too

Certainly your right, but in Texas we've streamlined the process for getting a blood draw warrant. We have an overnight magistrate to review/sign them 24/7.
Posted by Chucktown_Badger
The banks of the Ashley River
Member since May 2013
37053 posts
Posted on 7/24/24 at 3:51 pm to
quote:

The only about refusing the breathalyzers is the penalties can be stiffer.


Perhaps that varies by state, because this is on a koozie I have that I put my drinks in every time I'm throwing back 6-12 cold ones on a trip.



This post was edited on 7/24/24 at 3:52 pm
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
91524 posts
Posted on 7/24/24 at 7:26 pm to
quote:

Certainly your right, but in Texas we've streamlined the process for getting a blood draw warrant. We have an overnight magistrate to review/sign them 24/7.
Wow

I don’t think I mind that. Although I’d like to see the limit bumped up a little bit from .08. Or maybe have tiered punishment and actually enforce it.

When I turned down the test at the precinct, nobody even mentioned a blood test. This was in 2009 or so.
Posted by Grebe
Member since Jan 2015
423 posts
Posted on 7/24/24 at 8:34 pm to
For the officers who are replying, what happens when someone just politely explains that they don't want to participate in an investigation and that they now want to stop interacting with you? I have no experience with these things and am curious how this plays out in the real world.
Posted by Dirt Booger
Comanche County
Member since Apr 2023
845 posts
Posted on 7/24/24 at 9:09 pm to
quote:

what happens when someone just politely explains that they don't want to participate in an investigation and that they now want to stop interacting with you?


Depends. Does the officer have enough information at this point to believe the driver is under the influence of an intoxicating substance to the point of impairment? Slurred speech, unsteady balance, odor of an alcoholic beverage coming from their person? That with observing the driving violations suggesting impairment an officer can make a probable cause arrest and run the person on the intoxilizer. Locally we are a “no refusal” jurisdiction. A judge is available 25/7 to sign a search warrant for a blood draw in case they refuse the intoxilizer.

To add to that, refusing an intoxilizer test carries penalties such as suspension of drivers license. An officer warning a person that if they refuse a blood draw will still be done is considered coercion. So a person could get the refusal penalty for nothing because they still get their blood drawn

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