Sunday, September 18, 2005

Blood And DWIs

I saw something about this on the news the other night, and thought it was terrible. The DUIBlog has also picked up on it, so hopefully other Texans will become aware of it, but it seems that at least one Texas police department is trying to skirt around the law and draw blood from those accused of DWI.

I've always believed DWI is one of the most misunderstood crimes in the penal code, and always hated some of the hybrid rules that seem to surround these cases. For example, if I recall correctly, you don't have a right to an attorney before taking field sobriety tests, the portable breath test, or the actual Intoxilizer test--all of which are incriminating. And, basically, refusal to take any of these results in you being arrested, simply because you've exercised your constitutional right not to incriminate yourself.

If any of you other Texas law bloggers aren't familiar with the story above or haven't posted on it, please put something about it on your blog. I think word needs to get around about this.