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Any driver who refuses to take a breathalyzer test, will have blood drawn.

No exceptions
User ID: 433203
United States
05/22/2008 09:49 PM
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Any driver who refuses to take a breathalyzer test, will have blood drawn.
Blood draw required if breath test refused
[link to www.mysanantonio.com]

Anyone who refuses to submit to a blood-alcohol breath test this weekend will be required to have his or her blood drawn, authorities said Tuesday in reminding residents of a new program scheduled to begin at 5 p.m. Friday.

District Attorney Susan Reed said the ‘No Refusal Accepted' program is scheduled to continue through 7 a.m. Tuesday.

A registered nurse will be on duty both at the San Antonio magistrate's office and the detention center to draw blood from anyone arrested on suspicion of drunken driving who refused at the scene to take a breath test.

User ID: 357109
United States
05/22/2008 10:16 PM
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Re: Any driver who refuses to take a breathalyzer test, will have blood drawn.
Yep, pretty much a standard thing in other states. Do the Breathalyzer, you get punished. Skip the breathalyzer, you automatically lose your license AND they draw blood AND they use your refusal as an excuse to push for more serious penalties. Most people do the PBT, because the first one is usually a slap on the wrist, and refusal is worse than the typical first time "settlement".

Problem is, a lot of first timers get multiples, simply because it's a slap on the wrist, and the following ones are much worse. And once you have one, it's a whole lot more difficult to say it's a goof up, a one-time deal, etc. On the other hand, avoiding the PBT at least offers your lawyer a chance that with the extra paperwork and time and so on, they can look for mistakes and other problems.

Honestly though, most of these things aren't even handled by judges anymore. In michigan, it's almost a rubber stamp deal these days, judges don't want to look like they're weak on drunk drivers to voters, there's a ton of money in it (your "fines" aren't what they say on the paper, there's almost always multiples of those costs spent on state mandated "recovery programs"), and the politicians want to make sure the judges aren't weak, so they close up the loopholes that might allow a judge to do their job.

So, if you're the kind of person that has to worry about this thing, it might not hurt to find a good lawyer ahead of time, ask them what you should do if it occurs, because you'll make their job a lot easier. Then don't get so sh--faced that you forget to follow their advice. Of course, it's always better to avoid the whole situation in the first place...

...make sure you have some dirt on your local prosecutor that will put them in prison for a long, long, long time...with plenty of proof. Because if they "accidentally" screw up your case, well, they deal with a lot of DUIs, it's bound to happen once in a while.

It's not that hard, prosecutors are politicians, they usually have a ton of skeletons hanging around. :)
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