I just read an article that I found very surprising and disturbing.
Read it here.
The article re-counted an obscure practice in Dallas, Texas, coined “No-Refusal Weekend.” The basic idea is that if a law enforcement officer suspects a driver of being impaired by alcohol they have the right to draw blood from them on-site. The donor is not allowed to refuse. The city of Dallas has been using this program during high risk weekends for one year, with surprising results.
“According to the police, 335 people have had their blood drawn during the handful of no-refusal weekends, and of the tests taken, all but five came back with results well over the legal blood alcohol level of .08 — and in most cases, they were closer to double the legal limit. . . . They also noted that not a single one of these blood test cases had gone before a jury. . . . all 51 cases that have thus far entered the legal system pleaded guilty before ever heading to trial.”
While I am happy that so many drunk drivers were removed from the roads, I have a nagging feeling that this is not the most appropriate way to do so. Forcefully drawing blood from someone without a court order, or their consent seems highly questionable at the very least. Whatever happened to the good ‘ol fashioned breathalyzer? It is scientifically proven to been an accurate indicator of blood alcohol content, with no potential risk for spreading blood transmitted diseases such as hepatitis and AIDS. There is also the fact that drivers are not allowed to refuse. There are always mitigating circumstances, where refusal may be justified.
Making the roads a safer place is a good thing, but infringing on basic rights and freedoms is unconstitutional and not necessary, especially with non-invasive methods readily available. Apart from basic rights and freedoms, what sanitary precautions will be used, how are needles stored and disposed of, what type of chain of custody is in place to ensure that samples are properly cataloged, what type of training will law enforcement officials be given? There are too man unanswered questions.
I am thankful to be a citizen of Canada, where I am confidant that the Charter of Right and Freedoms would not allow for such a cavalier attitude towards human rights. But then again, if drivers would just learn their lesson and not drink and drive, the need for methods such as this would cease to exist.


