iLawStudent.com

December 31, 2008

Arizona DUI Law: The Blood Test

Filed under: Law — Kris @ 9:36 pm

Here is the story that got me on this subject:

Charles Barkley was arrested on suspicion of driving under the influence of alcohol early Wednesday.

Charles BarkleyBarkley

An officer with a task force that targets drunken driving saw the former NBA star run a stop sign about 1:30 a.m., Gilbert police Lt. Eric Shuhandler said. Barkley was in Scottsdale’s Old Town area, a trendy spot in the Phoenix area. “I am disappointed that I put myself in that situation,” Barkley said in a statement to The Associated Press. “The Scottsdale police were fantastic. Now it is a legal matter and I will not comment any further as it is a legal matter.” The 45-year-old Barkley, now an NBA television commentator, failed standard field sobriety tests after the officer smelled alcohol on him, and he was arrested. Barkley declined to submit to a breath test but was given a blood test. The results weren’t immediately available.

The text is from ESPN.  I’m really opposed to the idea of a forced blood test.  One should not be forced to give blood whether or not it tends to negate or prove innocence.  I would contend that a non consensual withdrawal of blood is an unreasonable search and seizure and is in violation of the Constitution.  This law needs to be changed.  A person’s skin should not be pierced by a police officer, no matter how much pressure there is/was to pass such an amendment to the current DUI law.

Older Posts »

Powered by WordPress