| Trampy |
| (Pooh-Bah) |
| 05/04/04 09:49 PM |
 Re: Legal advise don't take their test(s)
|
Quote:
Night Shade,
Police are not authorized to request a serum level test to determine if an individual is impaired and that is what we are talking about here, if you are arrested and tested for DUI. You are correct though, of course serum levels can be tested, this is how we determine if someone has overdosed or not. Nevertheless, in LE, we only ask the health care provider at the Hospital for a blood or urine sample and by law they can't tell us what the test results were, only if they were POSITIVE OR NEGATIVE and that's what goes into the report, whereas, after a breathalyzer, the BAC LEVEL is established and entered into the report. There is no legal way for LE to determine serum levels! As Americans, we still have a few rights, don't we? Take care.
Oh, really? What state's laws say that? It's conceivable that the above is true for simple DUI with no injuries ... but flat-out wrong in case of car accident injuries or death suspected to be caused by DUI.
Any judge can order a tox-level test, if there's probable cause and they have a sample to test. They do it all the time in vehicular homicide cases.
Galileo committed the heresy of saying that the earth goes around the sun ... that we're not the center of the universe. Well, plenty of people here often wrongly assume that just because they think something is the law in their state that every state has the same law. Like the post saying that cops can't order people out of a car? That's ridiculous advice. "Failure to Obey a Lawful Order" can get you arrested anywhere; it's a misdemeanor but they get to take you away in cuffs and legally search your person, all personal property, as well as your vehicle.
Trampy
