“No refusal” initiatives are becoming more and more common across the country. However, these forced blood draws open the door for police brutality through excessive use of force. We previously reported about a man in Texas who was stomped and beaten by the police who broke his leg in order to get his blood. To highlight this on-going problem and better educate the public, we bring you the video below:
DUI checkpoints, forced blood draws, how many assaults on our civil rights will it take for us to wake up to what is happening. We have become a police state in the name of DUI enforcement.
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.
Anony Mous says:
Don’t drink and drive is a very good idea. However, as someone who refuses to drink and drive, I should not have to deal with over-aggressive police because I choose to enforce my rights.
If a person, drunk or not, refuses to give a sample, violence by the police is not the answer. In most states, there are penalties for refusing to take a chemical test. Why should the police be able to inflict serious damage to a person’s body just to draw blood? That makes no sense whatsoever – we have a judicial system for that kind of refusal.
For me, I follow the law and hold police accountable to the same laws. I am required to stop at a checkpoint and so I do. I am not required to speak to them at all or do any physical tests, and so I don’t. Only if they have reasonable suspicion that I am intoxicated (which I hold them to) can they demand a chemical test. I would have a major lawsuit on my hands if I were ever physically forced to do something like that.