A multi-joint effort between the Smith County District Attorney's Office and police agencies from all over Smith County will participate in the ‘No-Refusal' D.W.I Campaign. Upon the arrest of a suspected drunk driver, he or she will be asked if they would submit to blow into a breath-test instrument or take a blood test. If the driver refuses and says "No" to a test, officers will obtain an immediate search warrant signed by an on-call judge to have blood drawn by a certified nurse on staff at the Smith County Jail.So much for the Fourth Amendment and so much for "neutral and detached" magistrates. I'm guessing that our friendly on-call judge up in Smith County will mull over each and every application for a warrant that comes across his desk and question the officers as to their probable cause to arrest and their belief that the blood constitutes evidence.
Why do I see law enforcement batting 1.000 on the Fourth of July Weekend?
And, while we're at it, just how "sanitary" a place is the Smith County Jail? Where in the jail will the blood be drawn? What measures will be taken to ensure that location is sanitary?
As I have stated before, driving while intoxicated is a Class B misdemeanor, just one step above a speeding ticket. Yet, we are willing to sacrifice the Fourth Amendment (on the Fourth of July, no less) in order to obtain evidence to prosecute motorists who are accused of DWI.
Alanis, this is ironic.