Mo. county to respond to breath test refusal

Friday, July 1, 2011

PLATTE CITY, Mo. (AP) — Platte County prosecutors say the county will be the first in the Kansas City area taking blood samples from suspected drunken drivers who refuse breath tests.

Prosecutor Eric Zahnd says a measure approved last year in the state Legislature allows authorities to take blood from suspected drunken drivers without getting a search warrant.

The Kansas City Star reports suspected drunken drivers will be given the chance to provide a breath sample, but if they refuse a nurse will be brought in to draw blood.

Zahnd’s office filed 300 criminal charges in 2010 against motorists suspected of driving drunk. He says 57 of those refused to give breath samples.

Jackson County Prosecutor Jean Peters Baker says the practice would soon begin in her county.

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Information from: The Kansas City Star, http://www.kcstar.com

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JMO 1 year, 10 months ago

I can't imagine this being found constitutional by the Supreme Court. Blood tests are far more invasive than any other type search that has been approved in the past. And what if the suspect refuses to submit to the the blood draw? Are we living in a state where the cops can forcibly hold the person down and stab them with a needle to get evidence? I have to admit, I'm shocked it's gotten this far.

JMO 1 year, 10 months ago

There are exigent circumstances when there has been a substantial passage of time that will degrade the evidence. That doesn't exist simply because a person refuses the breath test.

TraceyT 1 year, 10 months ago

Thank you for citing the source Graceful, it makes for some interesting reading. The ruling does allow for some risk to the county though. The ruling specifically stated that medical personnel in a medical environment was ok, but specifically cast doubt on non-medical personnel or non-medical environments. Depending on what Platte County means by "bringing in a nurse", it could get interesting for them.

bluesfan13 1 year, 10 months ago

I thought that if you refused a breath test, that was generally treated as an automatic conviction?

JMO 1 year, 10 months ago

Only administratively. Last I knew, DOR will take your license for a year if you refuse a breath test, but it doesn't convict you in court. I think they could mention it to the judge or jury though. I've been out of the criminal law loop for a while, so I could be wrong about that.

jcmom69 1 year, 10 months ago

I could drink one beer and fail a breathalyzer, but having a blood test done I would think the bac would barely register if at all...jmo

TraceyT 1 year, 10 months ago

I wasn't aware that there is a required 15 minute wait before the breath test. Wouldn't that be vulnerable to the argument that if you're charging me for driving now, you have to test me now? I would think the argument would be, "I may be drunk in 15 minutes, but I won't be driving then, and I'm not drunk now".

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