Regarding CHL on campus, I saw something on the news just this week saying that bill to allow concealed carry on campus was going forward.
Regarding blood drawing, I'm not a big fan of it myself. On the other hand, I'm not a big fan of people who've been arrested twenty times for DWI but walked away just because they refused to cooperate. Too many times I've seen that guy at the scene of the accident where somebody was killed by his lame ass and he stands there snickering because he thinks he's untouchable.
So here's the skinny: Texas is an implied consent state - meaning that Texas has a law that says if you drive on our roads and are arrested for DWI you will provide a breath/urine sample. You agree to this when you sign on the dotted line for your drivers license.
The blood draw is only done pusuant to a valid search warrant being issued. Probable Cause is built by the factors that led to the traffic stop (weaving, driving with lights out, asleep at the red light or in the Whataburger drive-thru); the PC being further developed at the time of the stop (glassy, bloodshot eyes, slurred speech, poor motor skills, failed standardized field sobriety test, etc) and then goes additional PC developed depending on what happened at the jail (refused breath or urine test, passed out during book-in, vomited, fought, etc). The officer prepares an affidavit and presents it to a magistrate. Only if the magistrate agrees that there is sufficient PC, a search warrant is issued and blood can be drawn. It isn't just hey this guy won't blow, lets tackle him and get some blood kind of deal.
Last edited by JP135; 04-01-2009 at 02:02 PM.