Police Planning 4th of July ‘No Refusal’ Blood-Draw DUI Checkpoints

By: Barry Donegan
94

As Americans prepare to celebrate freedom on the Fourth of July, police in several states are planning "no refusal" blood-draw DUI checkpoints.

On July 4th, 1776, America’s founding generation took its first historic step towards an experiment in freedom that unleashed one of the most innovative and productive nations in world history. On July 2nd of that year, the Second Continental Congress had voted to separate itself from the oppressive tyranny of the Kingdom of Great Britain. Two days later, the Declaration of Independence was drafted (though historians dispute whether it might have been signed a month later).


Since that time, citizens across the US have celebrated American-style freedom on the Fourth of July, grilling out and firing fireworks in honor of the liberties enshrined in the Bill of Rights. However, some alarming new Independence Day traditions have emerged in the contemporary United States. State and local police across the country are preparing “no refusal” DUI and DWI checkpoints at which citizens will be investigated for suspicion of driving under the influence of drugs or alcohol, not on the basis of their driving, but simply due to their geographic location. Those who refuse to submit to a breathalyzer test will be forced to endure a blood test instead.

Texas police have announced that they will be running “no refusal” programs with mandatory blood testing for those who refuse breathalyzers, as will law enforcers in Oregon and Tennessee. Judicial officials will be on hand all throughout the holiday weekend to approve warrants, in some cases over the phone, that allow officers to take blood from citizens by force, which will then be examined for intoxicants. Due to the questionable constitutionality of its program, Tennessee state law requires that the locations of the checkpoints be made available to the public in advance. The Tennessee Department of Safety and Homeland Security has publicized its checkpoint locations, which can be found at this link.

Civil liberties advocates have long argued that checkpoints violate the Fourth Amendment to the US Constitution, as being in a geographic location does not constitute probable cause to launch a criminal investigation against an individual. Also, checkpoints take officers off the street, where it would be easier to watch for reckless drivers, and instead concentrate them in specific locations where drivers wait in a line, making it impossible for police to determine whether or not the individuals being investigated are driving dangerously. Without being able to watch for signs of reckless driving, officers will rely on less reliable indicators such as communication skills or redness of eyes to make judgments on drivers’ level of impairment, possibly putting individuals with colds, allergies, or long shifts at work in a position to be falsely suspected of DUI. Those who do not want to submit to a breathalyzer test could then be subjected to a blood test by force on the very day set aside by Americans to celebrate freedom from tyranny.

The following two tabs change content below.

Barry Donegan

Barry Donegan is a writer, musician, and pro-liberty political activist living in Nashville, TN. Donegan served as Director-at-Large of the Davidson County Republican Party from 2009-2011 and was the Middle Tennessee Regional Coordinator over 30 counties for Ron Paul's 2012 Presidential Campaign. Follow him at facebook.com/barry.donegan and twitter.com/barrydonegan

  • Rework Oh Ryan

    Land of the….free?

    • Tony Karma Wallace

      Land of the irresponsible drivers? If you’re driving sober, there should be no problem submitting to a breathalyzer. Exhale and be on your merry way. Get a DD, and party safe. If more people did that, we wouldn’t have this problem with checkpoints. So you can actually blame the jerks driving drunk that hurt people on the roads every day.

      • Rook King

        Nothing to hide, nothing to fear? The road to the surveillance state will be paved with that belief.

        • jollyroger

          You are so right!

        • Tony Karma Wallace

          Gah, you’re right! This is such a connundrum, I don’t know how to respond anymore, lol. Well, we do, as a society, have to deal with drunk driving. How can we do it effectively while still respecting people’s liberties? More officers on patrol? More education and emphasis on designated drivers? That means more money spent by the state, and less income from offenders, so that’s unlikely, haha. Thoughts?

          • crazyredneck

            An eye for an eye. Proceed at your own peril.

          • Adam

            When are people going to wake up and realize that law can’t protect them. If you are out driving around on such an occasion, you must be ready to accept responsibility for those that can’t accept it for themselves. The Government or any educational programs will not save you from other peoples poor choices. To be free is to live with choice. If you expect others to make all your decisions, follow the herd…. better, lead the herd the hell out of here. If I should drive on such an occasion, I would rather have tooth picks holding my eyes open, preparing for the worst, (<- because I had a great day full of freedom) than be victimized by an officer who I'm sure has had a very pleasant holiday. Look at one of these guys the wrong way, and you guess it, not so free room and board for the night.. PISS OFF, I'll take my freedom and my chances/choices! If you're candy ass is scared… STAY HOME!

          • Adam

            With a mind set like yours, in a few decades, we would all be home anyway.. because we can’t put our shoes on with out the proper authority.

          • Rook King

            I think terrible driving, as it could be defined specifically by law, should qualify as probable cause. That should be enough to pull somebody over while trying to get warrant. I think it should take a warrant to go to the person’s window and start messing with him. It’s a search at that point. The Fourth Amendment requires warrants for searches. Giving a breathalyzer is an extra level of search, so it should require an extra warrant. If a person does not agree to take the breathalyzer at that point, then there should be a refusal charge. I don’t think anybody should ever have a needle put into him for search purposes against his will, especially by cops. They aren’t even medical professionals. Some of them are stupid hillbillies, and they should never have authority to force needles into people.

      • Mqira

        Disagree…the reason we have this is because too many people are so willing to bend over and have their rights trampled on! Just because you may be sober, does not mean you need to be violated!

      • lakeside227

        That kind of thinking is what led us to our current soft police state and is pushing us down the road to….’papers please’ every time we leave our homes; random no-knock warrant raids for ANYTHING; orders to shelter in place and submit to door-to-door LEO inspections; and a lot more innocent victims of injuries and deaths by LEO over-reactions because the LEOs felt threatened.

        The blame for the constant violation of our Rights by government lies NOT with those who break the law. The blame lies with people who believe it’s ok for LEOs to treat all citizens like criminals because some people break the law; just like gun control advocates and LEOs treat ALL gun owners; just like the TSA treats ALL plane passengers – etc., etc., etc.

    • Kaos Krumpy

      Nope. Land of the Freebies!

      • Only truth

        That sums it up

    • Rook King

      Land of the Freemasons?

  • BP

    If there’s probable cause… and they are still getting a warrant from a judge to do this in each case… what’s the problem?

    • fuckdapopo

      there is NO probable cause. THE only requisite is a refusal to blow into a tube. Not to mention the checkpoints themselves. Not to mention they are FORCIBLY sticking needles in peoples’ bodies for a POSSIBLE dui. No, no problem whatsoever. baaa

      • crazyredneck

        Just refuse and call Attorney Gary Trichter. Program this number into your phone: (713) 524-1010

        That’s what his commercials say anyway.

        • fuckdapopo

          or you can save time and just shoot them in the face

          • crazyredneck

            Let me know how that works out for ya.

          • fuckdapopo

            read. I said YOU not I.

          • fuckdapopo

            And I think we all know how that would probably would work out, unfortunately

          • crazyredneck

            LOL…I thought maybe it was a “generic you”. I’m proud of retaining my anal virginity and I’m not quite ready to give it up yet. Maybe when the right offense comes along…until then, I’m holding out.

          • fuckdapopo

            it was, but I had to say something lol ;)

          • crazyredneck

            lol

    • jimkimmons

      If probable cause has become “where you are physically,” then I hope you’ll be fine with a blood draw because you’re in the ammo isle at Walmart, even if you’re lost.

    • lakeside227

      Random checkpoints where EVERY vehicle MUST stop, involves no probable cause or reasonable suspicion. Drivers are not legally obligated to answer questions or do anything. Unless the LEO detains the driver. Even then, that detention MUST be based on something other than the driver not answering questions. Courts have made an exception for DUI checkpoints, cause….public safety. The problem with that is that the Constitution makes NO exceptions regarding our Constitutionally protected Rights. Nor does the Constitution delegate authority to the government to ‘regulate’ our Rights.

      A LEO saying he has reasonable suspicion and/or the driver declines to blow, is NOT probable cause for a warrant to forcibly take blood on the side of the road. This is unconstitutional as heck.

      Just like a LEO stopping two women for throwing cigarettes out their car window, saying he smelled pot, and then doing body cavity searches on the side of the freakin road, is NOT Constitutional, either.

    • limn

      One problem is the fuzz always smell drugs on the vehicles they wish to search.

  • bob

    I just called and the dispatcher wasnt aware of this but he did want to nknow where i got the info from. interesting.

  • Kaos Krumpy

    This will end badly…Get your camera’s out, video tape the police doing this, and post it on youtube. Time to wake up murica!

  • crazyredneck

    I don’t usually drink, but in protest I’ll drive my truck back and forth in my driveway while drinking a beer. Take THAT state!!!

    • fuckdapopo

      and you could get a dui

      • crazyredneck

        nah…I live in a rural location and the po-po don’t come out here unless one of the meth-heads are threatening to commit suicide.

        • fuckdapopo

          lol ok

          • crazyredneck

            You’d think they’d just say “eff ‘em. let ‘em do it”.

    • Tony Karma Wallace

      lol, way to stick it to the man.

    • Only truth

      Lol that was funny right there

  • Old Crone

    Why should any Citizen have to prove to the state that they are clean when pulled over at a checkpoint and not under suspicion?

    • limn

      SHow us your papers comrade.

  • jollyroger

    Where then does this stop? In your home, where the cops can simply waltz in and look for anything they can pop you with? Oops they’re already doing that under “Sneak and Peek.”
    The irony of it all is overwhelming; the 4th of July is becoming nothing more than another day to boost sales on cell phones, microwaves and furniture. The majority of Americans, unaware of assault to our freedom and liberty and the trashing of our Constitution, will be out watching parades, waving little plastic flags,made in China , bought at Wall Mart and still pretending this is the land of the free and home of the brave, that America is the shining beacon of freedom and democracy to the rest of the world.
    The reality of the situation we are facing does not exist to these people; they are blinded by junk television as well as the lies, propaganda and deceit it spews forth every single day. In denial of the criminality of Washington: waging war across the globe; fomenting civil wars and supporting terrorist organizations, in the attempt to bring about world hegemony.
    All this is failing as the dollar is being tossed aside throughout the rest of the world and even in America where such new currencies as Bitcoin has taken hold. Unemployment is at record levels and manufacturing jobs continue to disappear only to be replaced with low paying part time service sector jobs. The government has rung up 17.6 trillion in debt and the average household credit card debt is staggering. Student loan debt is going to take another hit as the government has now increased the interest rate on loans that far too many graduates even now cannot pay as their employment prospects have vanished in the wind like a puff of smoke
    The Patriot Acts, NDAA, NSA have undermined the Constitution and the Bill of Rights: unlimited spying and data gathering on Americans, the militarization of the police, FEMA camps, The DHS and TSA created to cow the people into obedience and subservience through fear and intimidation. The false flag events created to convince Americans to give up their rights as well as their guns. Even now the Army is working overtime to subvert the free expression of thought and speech in the alternative media.
    America where did you go? I no longer recognize what is before me.

    • Jerry Hughes

      If you don’t mind, I am going to post that on my Facebook page.

  • Cazzie

    Seems to me like it is not only unconstitutional it is a waste of time and funding. If they do not pass the basic sobriety tests, book them. If this is true, this is far more sinister than just enforcing DUI’s.

  • ThatDeborahGirl

    It’s all good until somebody decides to:
    1. Find a checkpoint & refuse test
    2. Sue them cuz they don’t drink
    3. Profit $$$$$ Make it rain$

  • Gregory Alan of Johnson

    This guised effort is to get the DNA databases going, and the risk management of ALL municipal corporations are ready for any public suits concerning these things, either avoid the locations or bring about a thousand of your closest friends to protest.

  • cyberpigue

    We live in the country we deserve. We vote as if we were watching American Idol, we don’t live our stated values, and we don’t get involved in the process beyond bitching on pages like this. Give me liberty or give me… um… where’s my remote?

    • DisqusId2012

      That is a quote worthy statement my friend so I hope you don’t mind if I borrow it!

  • Layla Godey

    That creeps me out.

  • Seeking_Truth

    Why do they even bother with an “on call judge”? He’s just a rubber stamp. The “on call judge” won’t do anything to determine if the warrant was justified. That’s what the judge is supposed to do to protect you from false accusations.
    This drawing of blood requires a search warrant. Your car has been determined to be an extension of your home, by the courts. They can’t search you, your car, or your home, without a PROPERLY executed search warrant.
    You need to know about the requirements of a warrant. Check the 4th amendment to the Constitution. !. Someone must swear to have first hand knowledge, or probable cause to believe that the crime has been committed. 2 They must swear under penalty of perjury that what they said was true. So, who swore that you were violating the law? The Cop? What is the first hand knowledge that the cop has before the checkpoint? None! What gave the cop probable cause to believe someone was DUI that justified the action of stopping you? None!
    But that’s the Constitution. Don’t expect 4th amendment protection if you are a US citizen. There is no Constitution for You.
    http://noconstitutionforyou.blogspot.com

  • signalfire1

    This isn’t so much about drunk drivers as it is about court fees being collected. The municipalities are going broke and the penalties for drunk driving or DUI are big, since everyone is broke and many fewer people are paying property tax, since we’ve all been foreclosed on…

    • eric

      That’s why everyone should get the scent of alcohol on them, dont ingest any tho, act drunk and make a point of refusal. Blood tests aren’t free.

      • Jerry Hughes

        I still pay taxes! Since the blood tests aren’t free, who do you think is paying for them? The middle class that has somehow managed to hold onto their property.

        • eric

          They’re going to tax you all the same anyways.

          They can try to raise taxes, but that will just cause backlash, which works in your favor.

          If you let it be, things will gradually get worse without people showing resistance. If you push and overload the system you force the issue.

  • eric

    Bad enough on its own. Worse that they have the audacity to do it on the 4th of July.

    That’s some Hollywood bad guy shit right there.

  • jim

    Glad to see they are still playing on your fears over the holiday…keep your tinfoil hats on. Lol

  • AJIOHOG

    I hope anyone who tries to tap blood against someones will, ends up losing his.

  • Wendy Colby

    So when they find 0% blood alcohol can you sue them for false arrest and infringing on your right to travel? And courts already ruled that refusal to blow the test is not to count as a reasonable suspicion.This for profit justice system is worse by the moment.Too much governmental control over every aspect of our private lives.

    • lakeside227

      In OH, refusing to blow when you have been pulled over for suspicion of DUI, is an automatic suspension of your DL. I think for one year, but not sure on that.

      • Only truth

        Same in North Carolina

        • Sockslots

          It’s the same in nearly all states I think. They claim that it’s not forcing anyone to incriminate themselves because they give you a choice, and technically since you’re in a contract by having a driver’s license(even though you’re forced into it) and that contract says you have to blow or get license suspended, they say it’s legal.

    • http://www.pixelgeddon.com/ Shane Stevens

      Of course not. They’ll simply claim they had a ‘reasonable suspicion’ that you were driving intoxicated and that will be the end of it. The ‘reasonable suspicion’ clause gets them out of trouble 99% of the time because it’s difficult for courts to disprove.

  • NJ voter

    Cops keep out doing themselves everyday now . Who came up with that brain child ? Push back and sue them every time they do. Another words , don’t comply.

    • JustaFriend

      It’s not the cops themselves, they’re just doing their jobs to support their families. Lawmakers keep outdoing themselves everyday now. Just remember when you’re slandering police: when you’re in trouble, robbed, assaulted, etc., they still have to respond and help you. They are unable to pick and choose who or what they respond to.

      • glockstr

        So right Justafriend. Bashing an officer for following their oath, regardless of how you should believe it is interpreted, is the wrong plan of attack. The end all solution is to become involved and change the law.

        • http://www.pixelgeddon.com/ Shane Stevens

          Their oath is not to support the state; their oath is to protect and defend the Constitution, which they clearly violate whenever they follow unconstitutional orders. The whole idea of not bringing the police to task is a false argument in itself; the police on an individual level are culpable because they are also Americans and should know better than to blindly follow bad policy.

          • glockstr

            So getting a warrant is a violation of their oath? BTW, municipal police take an oath to the US Constitution AND to the State constitution and laws.

        • james

          What? DWI/DUI checkpoints are already illegal in the state of Texas. You guys might want to rethink your responses.

          • glockstr

            Where in this article or in the video does it say TEXAS will be running checkpoints?

          • james

            Right here: “Texas police have announced that they will be running “no refusal” programs with mandatory blood testing for those who refuse breathalyzers, as will law enforcers in Oregon andTennessee.”

          • glockstr

            It says nothing about a checkpoint. BTW, the mandatory blood draws occur after a refusal for a breath sample and a warrant is obtained. You insinuated that Texas was running checkpoints. Maybe you should read the entire article before responding.

      • Sockslots

        Actually, they don’t HAVE to do anything. Courts have ruled they have no legal obligation to protect you from anything.

        The 2 times in my life that I called 911 were both while driving. 1 was for a full size dresser in the middle of a highway at night, and 1 was for a dumptruck driving at dusk with no lights and every other driver freaking out because they couldn’t see him…..both times the cops acted like they could care less. Meanwhile I get pulled over or followed nearly every time I’m driving past 12am and harassed about nothing just because i’m awake when others aren’t.

        I would never call them for anything that involves friends or family though. They have proven themselves incompetent and I don’t need a dead dog or family member just because some idiot has a badge and a gun and no conflict resolution or critical thinking skills.

      • Seanoamericano

        What are you an appologist lackey for the state. Crawl back under your rock nazi. That excuse didnt work then or now They dont help you they target you.

    • PoliticallyIncorrect2

      The people have a responsibility to ignore/disobey unconstitutional dictates.

  • KenD

    And yet…people continue electing and re-electing the same old Republicans and Democrats…

    • USA_objector

      No, they stay at home on Election Day and let the diebold machines pick the winner. Coke or Pepsi, coke or Pepsi, coke or Pepsi . . .

  • HOLYMASSOFHUMANITYBATMAN

    Whaddya want me to do?

  • Noloferratus

    The police who take part in this should be charged with assault and arrested. If found guilty they should be imprisoned at Guantanamo bay for their terrorist activity.

  • http://www.pixelgeddon.com/ Shane Stevens

    I wouldn’t be surprised if some of these officers just boldly go up to your car, ask to see your hands, then nail you with one of those diabetes test needles. They are nothing more than glorified enforcers for the State nowadays and most do as their told with pleasure to retain what little power they have.

  • kingh

    Glad I do not live there!

    • PoliticallyIncorrect2

      No worries… this tyrannical & unconstitutional overreach will eventually be implemented nationwide. Welcome to the new world order.

      • kingh

        So agree and we have been getting ready for the past 5 years.

      • Desiree Seifert

        This happened to a friend of mine this spring, He SUED the federal government and state, and local government and WON a hefty settlement!!! PA will NO LONGER participate in these illegible search’s!!!

        • Nancy Windnagle

          Is that “friend” real? Or like Fox’s so-called “news,” a product of your imagination? Pretty obvious it’s the latter, because anyone who sues the Federal government in the spring of this year would not be winning anything two months later, as no judgment would be decided yet, much less awarded. I’d like the name of the case, and the court it was in, please. Since I doubt you know what that means, let me help you: (Doe v. State of Pennsylvania, No. 3:06-c.v.-01586-JMM.) Suggest to your friend with his/her ‘hefty’ settlement to send you to school. (And it’s ‘illegal searches’ not ‘illegible search’s.’)

  • Ian Gwaltney

    Horrible reporting! Where did you get your facts?? Police checkpoints are illegal in Oregon. The first step is if someone looks like their intoxicated the officer has the right to stop them and initiate a field sobriety test. After the sobriety test, the officer gives a breath test. If the driver refuses to take the tests, they will be placed under arrest, like they normally would, and taken to the station for a blood draw. Like they normally do. The only difference is they are advertising it to scare people and keep them from driving intoxicated.

    • Nancy Windnagle

      It’s Fox. Where do you think they got their facts? From the same place they always do: their imagination.

      • Desiree Seifert

        You’re an IDIOT, Fox is the ONLY news that tells the truth!

        • LibertyChick

          They report a bit more of it, but they aren’t that much better than the rest. They are not reporting on Agenda 21, concentration camps in America, Obama making $100 million on the BP oil spill in the gulf (maybe that’s why he delayed cleanup), a 3rd building going down on 9/11 (that wasn’t hit by a plane), an electrical grid taken our by armed intruders the same time of the terrorist activity at the Boston Marathon (which is considered by some as the way we will truly be taken down in America – by an invasion of our power sources/supply). They went out of their way to hide Ron Paul as much as the lamestream did. They do a better job than the others, but, Fox network was the 9th largest contributor to Bill Clinton’s campaign. They are making money on liberal and conservative news programs, but they are not digging into and exposing the really big things going on to destroy America. Not even Common Core curriculum and its take over of the minds of children modeled after the Nazi regime. Was this story covered by Fox?

        • Nancy Windnagle

          You’re an idiot if you think Fox is actually news. In fact, all non-biased polls show it’s the most distorted of all news agencies. If you want sound political news, pull your head from your a**, turn off Fox, and turn on C-Span, or look up actual legislation on govtrack.us or loc.gov. There, that ought to get you started. Relying on Fox for your “news” only makes it known to the world what an idiot YOU are.

    • http://www.facebook.com/barry.donegan Barry Donegan

      Thanks for the heads-up! I have tweaked the language to comport with the technicality that Oregon’s particular “no refusal” blood draw program will be taking place county-wide rather than at specified locations.

  • Desiree Seifert

    ILLEGAL, ILLEGAL and in complete violation of the US Constitution!!!!!!!!!

  • Seanoamericano

    Look up the Intolerable Acts . Basically the king gave the soldiers the ability to write their own warrants when they wanted to search. This is what the real reason for Revolution. These scabs that wear uniforms have shown what their true colors are.

  • Salpicon788

    the tyrants are out of control, they need to be defunded and prosecuted.

  • Georgina Orwell

    This is such a fake cover story. Look deeper folks. They are looking for someone, something in the dna. Question is why is it such a threat?

  • LibertyChick

    Good to see the civil liberties folks getting upset and into the action. Those are mostly far left progressives confusing freedom with free money and things, as well as freedom to do anything you want without concern for the imposition and impact on others. Would be interesting to see those folks actually start to turn toward the Constitution and Liberty… (rather than everything being a right for one person/group at the expense money and liberty of others)

  • DALE G.

    It’s been going on in CA. since the 80″s. I had a d.u.i. and didn’t want to do breathylizer .I was told I would have to give blood instead.I refused on religous grounds.Needless to say I got a light sentence,but I did refuse.

  • Donald

    How about a “No Refusal” POLYGRAPH test to all law enforcement officers annually?

    Question # 1. Have you ever stated, or implied that you smelled Marijuana, or Alcohol on, or about the subject when in fact you did not?