May 23, 2009 6:47 pm US/Mountain
Avon Chief Wants Forced Blood Tests For DUI
Reporting
Stan Bush
AVON, Colo. (CBS4) ―
The Avon police chief says some drunk drivers don't get the punishment they deserve, so he wants to change the rules. He wants to force suspected drunk drivers to give a blood sample if they say no to a breathalyzer test.
Drivers can legally refuse a breathalyzer or blood test. Drivers who refuse the test can get a lesser penalty.
Avon Police Chief Brian Kozak expects it to be used based on DUI history. First-time offenders will likely not be asked to give a blood sample.
"If they refuse the blood test, then our officers will seek a search warrant from a judge," Kozak said. "If that warrant is issued, then we can draw the blood from the person."
Kozak's plan would eliminate a repeat offender's right to refuse a blood test for alcohol content. That would almost certainly result in a harsher punishment that might have previously been only a suspended license.
"If we happen to arrest someone who meets those criteria, they are a serious DUI offender," Kozak said. "Those are the people we are going to seek that evidence of blood for."
The plan is being well-received in the town.
"It will see if people have learned their lessons or not. I think it's good," said Avon resident Bridget Lara.
Kozak wants to see all of Colorado adopt the practice and says he doesn't expect any legal problems.
"Law in Colorado says that a police officer can obtain a search warrant for any type of crime and why should we treat DUI any different," Kozak said.
Parts of Arizona and California already use the practice.
Law enforcement around the state kicked off a summer long Heat Is On campaign targeting drunk drivers. The Colorado State Patrol will have every one of its troopers on the road this holiday weekend.
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