To draw blood or not?

Todd SPN · Oct 18, 2003

Originally posted by Brownms46
First it depends on what state you're licensed in, as to what an officer can or can't do or have done. In some states you can be forced to give blood, but they had better be darn sure if will show your blood level as being high!!!

Also it varying in some states as to how long you will have your license suspensed for refusing.

That's just wrong. Not arguing with you Brownie, but I don't think it is proper for the cops to have the authority to take my blood, unless I caused an accident that hurt someone. I just find blood to be kinda personal. I can see your license being yanked for refusing, but...

Brownms46 · Oct 18, 2003

Well in some states it does reguire that you have caused a serous or fatal injury accident, but there are bills before the congress to even get that changed. In some states, if you're unconscious it is consider that you haven't revocated your "implied consent", and they can take the blood. And they can definitely take it if a person dies in an accident in some states.

Here are the states that require mandatory reporting of BAC from results in the normal course of treatment.

Hawaii

Illinois

Indiana

Oregon

Pennsylvania

Utah

If you live in those state beware, but MADD is trying to get legislation to make it mandatory for hospital reporting for ALL injury accidents. And there are those who feel that this is against the fourth amendment, and shouldn't be the law.

To date, 35 states have passed mandatory BAC testing laws for drivers killed, and 39 states have passed such laws of varying provisions for surviving drivers.

I think the best way to deal with this, is to not drink and drive at all:)

Drinking and driving can not only cause you to loss your driver's license , you can also lose your nursing license too! But the real deterrent should be the fact that you could hurt of kill someone, and I just couldn't live with that knowledge.

melgrek · Oct 18, 2003

I was reading through some of the postings....I was in an auto accident and they took my blood without me even knowing it. Tested me for drugs & drinking. When I found out I was furious.I was driving my daughter to a school dance @ 6:00 pm, was hit head on by someone. Used jaws of life and med flighted me from NH to Boston. There were 6 witnesses, all stated that he crossed over double yellow line. Police questioned my daughter as to where I was before the accident etc. We were getting her hair done @ the salon, and over to the inlaws for pictures. So why did the hospital check my blood they had no reason to. Never had an accident before - perfect driving record so is this testing standard?

Brownms46 · Oct 18, 2003

In some states, they can test your BAC level if you're unconscious, and if there is serious personal injury or property damage. In most states the officer must ask the medics, and or hospital personnel if they suspect alcohol or drug use. If they say yes, then the officer is supposed to ask hospital staff to obtain a BAC, and they must comply. In some states, if you're taken to a medical facility for treatment after a MVA, they can get your BAC! And your medical record in some states can be used as evidence against you. Example instead of haivg medical staff come in and testify, they can just submit the medical record.

If you're unconscious, then they say you can't revoke the "implied consent", so they can get the blood, and urine. It depends on what state you live in, as to what officers can and can't do. In some state they have even trained officers to take the blood! In some states, and Oregon is one of them, if you refuse, they can forcibly take the blood, if there is of lost of life. But they have lots of DUI lawyers out there, that have a 101 ways to beat the system!

But did you know that in other countries, the limit is as low as .05 and even .02???