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Health & Fitness

Police can now FORCE you to give blood for DUI and Marijuana levels.

For decades, drivers have legally refused any testing if arrested for DUI, DWI or OWI, whether the charge involved alcohol and/or drugs. Commonly, drivers would refuse a breath test  and other tests hoping there would be less evidence in court so that he or she could possibly beat the charges.  The days of refusing testing is over.  The Supreme Court ruled in Missouri vs McNeely that police can FORCIBLY take blood if a warrant is obtained prior to the blood letting. What can happen now is that a police officer who has sufficient probable cause may obtain an electronic warrant and then transport an arrested driver to a hospital where his or her arm may be tied down for a blood draw.  Some drivers may need to be restrained even more. Sounds terrible, but this is what is happening. Since driving under the influence of drugs is becoming increasingly more common, I believe mandatory testing of drivers will promote safer driving for all since there is no breath test for marijuana for example. Since marijuana remains in the system for at least 30 days after smoking, discovering THP in the blood will not be the only evidence required to prove DUI, however, other signs such blood shot eyes and affect can be used.  To some, forced blood taking sounds draconian and police/state-like, however, our culture now permits searches at airports, government building, some private buildings and all court rooms for security.  Maintaining security on our public roads is no different. Drivers should take note, driving under the influence of drugs has a lower threshold than alcohol, there can be NO illegal drugs in the system while driving.  The days of refusing testing is over.

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