Saturday, July 6, 2013

Forced Blood Draws

There is a nationwide trend to force blood draws for potential DWI arrests.  All states including Louisiana have a so-called “implied consent” law.  This means, in order to get a driver’s license, the law requires the person “implied” to have consented to a breath test for DWI, under penalty of losing the license.

Many states have gone the extra step of having judges on “stand-by” to approve forced blood draws. This video shows footage from Georgia, in which suspected motorists are being tied to a table and are having their blood drawn.  A recent U.S. Supreme Court case called into question whether the practice is permissible, but it appears some jurisdictions are still compelling cooperation.

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