[Harris County, TX] No-refusal 24/7 going into effect.

No, just a regular 20 something girl who went to jail.

 

Apologies, I was attempting to imply that if you refuse to blow they WILL likely get a blood warrant, especially if they think you are well above the legal limit.

However, in some situations if you pass or get close to passing a field sobriety test, a cop will allow you to call someone to pick you up, as opposed to detaining you for the potential crime.

 

No kidding. I've seen some people leave bottle shares who seriously shouldn't have been on the roads.

 

Got it. Yeah, you're right.

 

no more Bruery stuff at bottle shares.

 

What happens if you refuse the test, and they begin the process of getting a warrant for your blood, they will likely detain you in the police car, and in some cases start the process of moving you to a facility where they can take your blood.

Depending on how busy a night it is for Harris County intake, as well as HPD/Sherrifs department, a warrant for blood can sometimes take up to a few hours.

In this case, what they will attempt to do, is scientifically prove your blood alcohol level by graphing it out, showing what it likely was when you were originally pulled over. This is one of the most disputed things when it comes to trying DWI cases.

 

It is called retrograde extrapolation and it holds up in court more often than it probably should (source: I am an attorney and during one summer in law school I worked for a firm that would occasionally take care of DWIs for high end clients).

 

Thats the word I was looking for! Thanks! But yeah, its not necessary the most accurate or reasonable test.

 

Nothing new, our freedom is all but evaporated. I'm sure the cops will chime in now and say if I wasn't doing anyhthing wrong then I have nothing to worry about.

 

Who allowed this to happen and why hasn't this been challenged as a violation of Fouth Amendment rights? I can understand about holiday weekends, when it can be presumed that people have been overimbiding, but 24/7/365?

Can't wait to see the first lawsuit where someone's blood is drawn forcefully, they're sober,'and Harris Co gets their pants sued off.

 

Or they just call FD to transport them to the ER...I'll leave it at that

 

How is this a violation of your 4th amendment rights?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

I didint' mean as a hit on cops. I have many cop friends. They are basically underlings to the legislators.

 

Police don't make laws, legislators do. Police just do their job enforcing the laws.

 

I did .19, and am nowhere near 220lbs, and I'm still stomping. I will admit that I am dumb, though.

 

I don't understand this. This already happens right now. I was pulled over for suspicion of DWI in February, refused to blow or do any FST, and the trooper still arrested me, impounded my car, and booked me downtown BEFORE getting a warrant and drawing my blood. It took over three hours after my arrest before they stuck a needle in me. They already do this.

I thought during "no refusal" weekends, they have a bunch of pre signed warrants issued by a judge, so there is no wait. A van pulls up and takes a sample of your blood right then and there. Instant results. Who knows, though. It took THREE MONTHS for me to get my BAC results back.

And .15 is nothing. It's very very easy to hit that. I've seen people hit .30 and higher. Nothing to brag about. Everyone be safe out there.