- Feb 13, 2001
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http://www.page2live.com/2009/...od-at-dui-checkpoints/
Call him Sheriff Dracula!
Motorists, Palm Beach County Sheriff Ric Bradshaw wants your blood.
I?m not kidding.
Drivers on county roads Feb. 27-28 will be subjected to blood tests at DUI checkpoints if they refuse a breathalyzer.
The plan calls for paramedics to be standing by for the blood drawing, which could take place in ambulances parked near the checkpoints.
According to a PBSO memo obtained by Page2Live, deputies are preparing to fan out throughout the county on those days, 5 p.m. to 3 a.m., to stop those suspected of driving drunk.
As usual, there?ll be field sobriety tests, such as reciting the alphabet and walking on a line. Those who fail will be treated differently than in routine DUI stops.
They?ll be asked to take a breathalyzer on the spot, instead of being brought to a station where those tests are usually conducted. If a motorist refuses, deputies will actually drive to a judge?s home for a warrant. The deputies will then return to the checkpoint and demand that the suspect have blood drawn.
That procedure is usually reserved for extreme cases, including deadly car accidents or homicides.
That weekend, however, much more blood could flow.
?In theory, we could force a person to have their blood drawn once we have a warrant,? said PBSO Capt. Pat Kenny, the patrol commander who dreamed up the operation. ?But we?re going to keep it positive. We?re just trying to drive the point home that DUI isn?t tolerated.
?We won?t hold people down or strap them on gurneys. It?s hard to stick a needle in someone who?s fighting. We?ll try to convince them nicely to make the right choice.?
Those who?ll still refuse the procedure will be arrested and charged with DUI. Suspects face, among other penalties, a license suspension of at least six months for a first offense.
Kenny says about 75 cops from most county agencies will be involved. He says he expects, at most, eight to ten cases will be brought to the on-call judge.
?I don?t think it?s ever been done here, but I heard it?s been done in other parts of the country,? Kenny said about the plan. ?We?ve met with the paramedics, the state attorney and the chief judge, and everybody felt comfortable that this is something we could do through blood tests.?
Local DUI lawyers, meanwhile, are licking their chops.
?That sounds absolutely illegal,? said criminal lawyer and CNN legal pundit Michelle Suskauer. ?The law keeps blood drawing only for special circumstances. Other states do (blood tests at DUI checkpoints). Some get away with it. Others don?t. This will be challenged in court.?
Added barrister David Olson, who specializes both in civil rights and DUIs: ?You can?t go around sticking needles in people. Unless you?re in an accident that caused serious bodily harm.?
Neither Bradshaw nor rookie State Attorney Mike McAuliffe returned calls.
