To celebrate the desecration of our Bill of Rights, here is an FAQ on DWI blood draw warrants.
What is a “no refusal” blood draw warrant?
If a DWI suspect refuses to give a breath sample officers will get a warrant to take the suspects blood by force.
What’s wrong with that?
Where to start? First, there are no protections for DWI suspects. No due process. No right to counsel. The legislature never approved blood warrants. They are judicial activism. Finally, prosecutors seek to hide this practice from the public.
There is no right to counsel?
Our courts have held that judges, cops, and prosecutors can conspire to take your bodily fluid and you have no right to counsel.
What is the procedure?
Prosecutors line up cooperative judges to rubber stamp fill in the blank warrants that are faxed in by police. (Yes, they really use fill in the blank warrants).
Do these really violate the Constitution?
Sure. Here is your Texas Constitution-
In all criminal prosecutions the accused shall… not be compelled to give
evidence against himself
Blood would seem to be evidence in a DWI case. Forcing you to give meets most definitions of “compelling”. Luckily, our prosecutor friendly appeals courts have held that “evidence” doesn’t really mean “evidence.” “Evidence” means testimony. Obviously.
How Do They Violate State Law?
You don’t need a law degree to understand how forced blood draws violate Texas law.
§ 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON REFUSES; EXCEPTION. Except as provided by Section 724.012(b), a specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace officer.
How is this judicial activism?
The law and our Constitution forbid these forced blood draws. Texas prosecutors could have lobbied the legislature to pass a law and amend the Texas Constitution to allow these blood draws. Instead, prosecutor made an end run around the law and got pro-State judges to create new law.
What if you refuse to allow the officer’s to take your blood?
As you would expect, this process born from tyranny, ends with police brutality. The police hold you down while a needle is stuck in your arm. Assaulting suspects to steal their blood is un-American and degrades the criminal justice system. The more we “get tough” on DWI, the more we treat DWI suspects like GITMO detainees.
How can I learn more?
You can’t. Prosecutors love to brag about these forced blood draws on their message board. However, they will routinely fight open records request to disclose the details of this practice.