Are Mandatory Drunk Driving Blood Tests Unconstitutional?

Are Mandatory Drunk Driving Blood Tests Unconstitutional?




In Dallas Texas a very controversial method of enforcing drunk driving had spawned about a year ago that caused many DWI attorneys to throw their arms up in the air. For all drivers suspected of driving under the influence who refuse to blow into a breathalyzer can automatically have blood drawn to determine if there was any alcohol in the blood stream.

This is done against a drivers will by an on duty estimate that is able to sign and execute a warrant instituting the mandatory blood test. This kind of approach has had many Texas DWI defense attorneys a bit upset stating that this violates a human beings constitutional rights and violates an unreasonable search and seizure of personal evidence. This has been a very controversial approach to determine if someone has been drunk driving in Dallas Texas. It was only done on select few nights and shared drinking holidays because it required an actual estimate on duty to truly sign the warrant to allow medical staff to proceed with the blood test. Many questions have been raised with this kind of action. Since any blood closest becomes trial evidence it is important by law that it be handled correctly and not compromised in any way. Compromised blood samples could sway a jury to go in either direction and cause a less desired outcome for the driver.

You can see how this kind of approach would be deemed questionable by many in the community. County prosecutors think differently about this topic. It helps them easily close situations and get convictions without a lot of challenges in the courtroom that could get a case dismissed for in any case reason. County prosecutors are feverishly scrambling to have this legislation approved in order to be executed much more frequently. One of the biggest steps to getting this done will be to have not just a estimate that can order the blood test but other high ranking individuals. Having a estimate on staff every night is very costly for any city or town. Is it unconstitutional to force and individual to give blood? We will have to wait and see how this kind of effort pans out. With more and more states really cracking down on drunken driving laws and drivers we will be sure to see this kind of approach spread amongst other cities if it gets approved in Dallas Texas.




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