Hope this is not contagious.

http://www.msnbc.msn.com/id/6448213/did/11752290/?GT1=7935

This has been percolating elsewhere for awhile, but I have yet to hear of a case here in Texas.

But isn't it just another reason why the PDs should be using blood tests ? Maybe I'm just making it too simple but why can't the jail nurse draw a blood sample and then we don't have to worry about the whole breath test issue.

I know there was a thread back some time ago about using search warrants to get blood samples from those not willing to give

It would be nice of the legislature would amend 18.01 to permit JPs and muni court judges in general to sign a search warrant for a blood sample from a person arrested for any chapter 49 offense other than PI and open container. Having to get a search warrant at 1 or 2 am from a ccl or district court judge is not always that easy.

Janette Ansolabehere
DPS

I agree having awakened the sleeping bear more times that I like to recall but the old thread talked about doing that only for the more serious offenders. Of course there is also the PD argument that they have to wait forever at the hospital.

I meant a switch from using the breath test to a blood test for those WILLING to give a sample, so no Judge needed. I know some of the willing may be less so when you start talking about a needle but with this new attack I think it may need to be looked into. I wonder what FL will do for a remedy.