[uthristy]

It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test.

http://www.wtsp.com/news/topstories/story.aspx?storyid=165079&catid=250

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[euge]

I believe we have it here now. I don't drive even after only one beer but I think its total BS. First thing one does is ask for a lawyer in that situation. Period.

[uthristy]

People who know me will tell you I zero  tolerance for people that drink & drive (pot/drugs incl.)

But this is really going too far, wonder if they'll wait till your lawyer can get to the scene. I bet they'll say no and take the blood sample anyways.

Next are the police trained Phlebotomists? I bet NOT!

[piszkiewiczp]

It's a lot longer than the news article, but here's the actual law:
316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.1932.html

*Florida law explictly states that a Florida drivers license or th act driving in Florida implies consent to breath/blood/urine tests when arrested for impaired driving. (Several states have this provision on their books.)   
*It seems that a police officer must be making an arrest in order to request the breath/blood/urine test.
*Blood tests can only be done at a medical facility or in an ambulance or similar emergency vehicle.
*Only a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood can actually draw blood.

I guess that the key question is: Do you trust police to honestly enforce the law?[/li][/list]

[capozzoli]

Quick, somebody doctor this pic to read for these modern times.

[tubercle]

"If man cannot be trusted to govern himself how can he trusted to govern others" - Thomas Jefferson

[punatic]

Can you see a judge sitting around at a checkpoint waiting to write warrants?

[capozzoli]

Only if they are slammin some vodka.

[Thirsty_Monk]

Only if they are slammin some vodka.

Are we in Russian right now   

[Mikey]

Can you say "unconstitutional"?

[tschmidlin]

I can.  And although I find this objectionable, it's not clear that it violates the constitution. 

[beerocd]

I can.  And although I find this objectionable, it's not clear that it violates the constitution. 

innocent until proven guilty....gone
right to not self incriminate....gone
illegal search and seizure.....gone

and if you physically resist the blood draw, they just write you up as resisting an officer which carries a similar penalty - and FINE I would imagine. Since they only do this occasionally, could it be less about public safety and more about $$$?

[capozzoli]

I was under the impression that refusal to take a breath test was equal to a confession.

Im not sure why someone would want to refuse the breath test, unless they were guilty.

Im the same as Euge, if I have just one beer I will not get behind the wheel. Im fortunate that I live near a train stop. There has been more than one hungover morning where I rode the train back to town to try and find my truck, 

[corkybstewart]

I was under the impression that refusal to take a breath test was equal to a confession.

Im not sure why someone would want to refuse the breath test, unless they were guilty.

Im the same as Euge, if I have just one beer I will not get behind the wheel. Im fortunate that I live near a train stop. There has been more than one hungover morning where I rode the train back to town to try and find my truck, 

In NM refusal to take a breath or other field sobriety test is not an admission of guilt, it's a totally separate charge so you can get busted for refusing, then get busted for DWI later when the judge orders the test while you're sitting in the slammer.
And Cap, the law out here has been focusing on hungover people driving home in the morning who are still over the BA limit-you can't win.

[capozzoli]

Wow, I never thought of that. Is it possible to fail a breath test eight hours after drinking? 

Im pretty sure I could pass a field sobriety test with a hangover, not sure about a breath test. Im sure my breath aint good then, kinda like a thousand Russian soldier marched over my tongue in their stocking feet but could I fail a breath test?