DWI Blood Alcohol Test On Trial
By: Randall Kamm
(Cape Girardeau, MO)--The Missouri Court of Appeals is taking a second a look a Cape Girardeau judge's ruling that said suspected drunk drivers who refuse to take a breathelyzer test, could not be forced to give blood or urine samples.
In the DWI appeal, 42-year old Carol Sue Smith of Jackson was arrested August 12th for allegedly driving while intoxicated. Her attorney, Steve Wilson, sucessfully kept the evidence of Smith's blood sample out of court after Circuit Judge Michael Bullerdieck agreed it should not have been drawn in the first place because Smith refused the test.
The judge says he's going along with state laws that prohibit testing when a driver has refused.
But the Missouri State Director of Mothers Against Drunk Driving, Mike Boland of St. Louis, says if upheld, the ruling could cause more people to drink and drive: "the flood gates would open, people would have nothing to fear, nothing to worry about," says boland. "they could drink and drive and know, that when push comes to shove, they could refuse everything."
Police say it's difficult to convict drunken drivers with only the field sobriety test and not additional blood alcohol tests.
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