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Criminal Law

: DUI Blog

Blood Draws in the Back Seat by the Dashboard Light

By Lawrence Taylor

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A few years ago, citizens suspected of DUI were given a choice to submit to either breath, blood or urine testing for alcohol concentration.  In the hysteria of MADD’s "War on Drunk Driving", however, things have changed.  Today, citizens (supposedly presumed innocent) are being told they must submit to a blood test — and, if they refuse, are being forcefully restrained by a blood technician (referred to as a phlebotomist).   See my post Taking Blood by Force. Why?  Well, cops are aware that breathalyzers are relatively inaccurate and unreliable, and take time to set up, administer and keep records.  But they still preferred breath testing because they didn’t have to find a phlebotomist to draw the blood sample, usually requiring a trip to a hospital...continue to full post

Full post as published by DUI Blog on August 30, 2008 (boomark / email).

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