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Wednesday, January 26, 2011

Police-Ordered Blood Tests - A Comparison Between Texas DWI and Florida DUI Laws

News for motorists in Texas: From September 1, 2009, Texas police, the blood is allowed to draw from some DWI suspects without obtaining a warrant.

Deviations from this law is more controversial in force in many other parts of the country where the warrantless blood draws for DUI suspects are common, especially in Florida.

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Texas and Florida are suffering great losses due to alcohol-related traffic accidents every year, despiteimplementing education programs and enforcement to combat the problem. In Texas, the use of alcohol or drugs while driving causes 28% of all fatal accidents and is the second most common element in the crash, according to the state of the driver's manual. In 2007 in Florida, there were 22 823 and 1252 drink-driving and drugged driving car accidents, for a total of 1446 dead and 17,160 injured, according to the Florida Traffic Crash Statistics. Thirty-ninePercentage of traffic fatalities are alcohol related.

Police-Ordered Blood Tests - A Comparison Between Texas DWI and Florida DUI Laws

National statistics show the National Highway Traffic Safety Administration (NHTSA), in 2007, driving the blood alcohol concentration (BAC) of 0.08 or greater was that involved in fatal traffic accidents were eight times more for a previous conviction to get in driving a driver who had alcohol in their systems compromised. The level most frequently recorded BAC for drivers who had been drinking andwere involved in fatal crashes was 0.16.

Current Florida DUI law is much broader than the new law in Texas, Florida, police have assumed the right to order blood tests on every DUI. Under the terms of Texas law allowed police to do so only under certain circumstances, as when the suspect is repeated, killing a passenger in a vehicle, or a child under 15 is a passenger in the vehicle.

After the Florida Department of HighwaySafety and motor vehicles, DUI Florida law allows the police to withdraw a sample of blood "by a licensed physician, with the use of force by the officer arrested reasonable" to follow if the DUI with serious injury or death . Also, a person is unconscious or otherwise not to deny the evidence taken given his consent to the test in state law have implied consent.

National statistics show that should be improved also in the efforts of Member States'to lower the number of alcohol-related motor vehicle crashes. In the U.S., a fatality caused by driving under the influence of alcohol occurs once every 40 minutes, according to NHTSA.

Police-Ordered Blood Tests - A Comparison Between Texas DWI and Florida DUI Laws

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