Speaking of official oppression, Dallas is planning to celebrate Labor Day by violating your constitutional rights. It’s another “No Refusal” weekend!!
To kick off the festivities Ryan Evans, First Assistant City Manager, sent out this letter regarding DWI no refusal weekends. A reader was kind enough to send me a link to this letter.
The letter begins with a clear misunderstanding of Texas law. From bureaucrat Evans-
“Under the Texas Implied Consent Law a person arrested for DWI is required to provide a breath and/or blood specimen.”
§ 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON REFUSES;
After this strong start bureaucrat Evans proudly declares that DWI blood draw warrants are issued for innocent drivers only 8% of the time-Therefore this program is a great success! I wouldn’t put too much stock in those numbers. After all, the government will lie with numbers to convict for DWI. Assuming they are true, you should still oppose blood draw warrants.
Proponents of DWI blood draw warrants often argue than some of the blood collected is over the .08. That is a fool’s argument. The fact that violating the Constitution makes conviction easier, or provides useful evidence, is not a reason to violate the Constitution.
We could convict more defendants if we eliminated the right to counsel and beat defendants until they confessed. That doesn’t mean we should. Can you hear the arguments of petty tyrants like Mr. Evans- “But 93% of those we beat confessed, and were guilty!!”
For those new to this blog here is some background on DWI blood draw warrants Here is my FAQ on the subject. These forced blood draw warrants should violate both the Texas Constitution and Texas’ implied consent law. I say should because appellate courts have invented a DWI exception to the Bill of Rights.
Finally, if the police are doing their job and have actual evidence of intoxicated driving, why do they need these warrants in the first place? Because the goal of law enforcement is to convict, not to see that justice is done. Happy Labor Day!