rbradley at ilstu.edu
Fri Feb 5 06:19:09 PST 2010
Once again, our local state's attorney will implement a policy of "no
refusal" in regard to administering breath tests for the upcoming weekend.
If drivers refuse, then the police officer will obtain a search warrant
from an on-call judge and the driver will be taken to a hospital for the
administration of either a blood or a breath test. In defending the
practice, the state's attorney was quoted as saying that blood-alcohol
content is physical evidence and it can be collected. Does anyone perceive
any legal issues with this practice? The state's attorney has announced his
intent to make the program a standard operating practice for the local area.
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