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GoogleGreene County Prosecutor Jarrod Holtsclaw offered that advice earlier this week when he announced a "No Refusal" policy will be in effect during the New Year's holiday. The policy applies to drivers asked to take blood tests to determine their blood-alcohol content.
Under Indiana law, a driver can refuse to take a chemical test but when that happens, an officer can request a search warrant to authorize a blood draw. Under the "No Refusal" policy, when a driver refuses the test, Greene County officers will request the warrant.
"We all recognize that the holidays are a time for celebration, but there is simply no excuse for endangering the lives of others as a result of driving while impaired," said Holtsclaw.
According to statistics from the Indiana State Police, last year there were nine fatalities in Indiana over the Christmas holiday and seven fatalities over New Year's. For all of 2008, as of Dec. 16, 755 people had lost their lives on Indiana roadways -- this is a reduction of 126 fatalities over the same time period last year.
To avoid becoming a statistic, Chief Troy Jerrell of the Linton Police Department says the way to stay safe and not get into any trouble is to plan ahead.
"All of the police agencies are going to have extra patrols out over the holidays looking for impaired drivers. People who are going out should plan on who's going to be the designated driver. Many places give free Coke to people who are designated drivers and some places have really stepped up to the plate and are planning to have volunteers give people rides home on New Year's Eve. They work for tips. There's several things people can do to avoid getting an OVWI (Operating a Vehicle While Intoxicated) not just on New Year's Eve but every night. Driving under the influence is not only dangerous but getting an OVWI charge usually means loss of a driver's license and higher insurance rates. It's in everybody's best interest to plan ahead -- plan a way to get home so everyone stays safe and nobody gets in trouble," said Jerrell.
Holtsclaw said the point of the "No Refusal" policy is not to increase the number of arrests for operating a vehicle while intoxicated, though that may occur. Instead, the point is to notify all drivers that law enforcement does take seriously the dangers posed by impaired drivers.
"Initially, the purpose of this program, which began last holiday season, was to reduce the number of impaired drivers during the holiday season and therefore hopefully eliminate serious or fatal vehicle crashes that all too often occur after impaired motorists take to the roads in Greene County. Due to its success, it has been used by all local agencies since that time," said Holtsclaw.
Under the policy, any motorist who exhibits signs of impairment will be stopped and transported to the Greene County Sheriff's Department for standardized field sobriety testing. In those cases where there is probable cause to believe that the motorist has operated a vehicle while intoxicated, the motorist will be offered a chemical test to determine the amount of alcohol in the motorist's blood or breath. For those motorists who exercise their right to refuse the offer of a chemical test, their driver's license shall be suspended for one year if they have no prior convictions for OVWI, or for two years if they do have a prior conviction for OVWI, pursuant to Indiana Code 9-30-6-9.
If the motorist does refuse a chemical test, Holtsclaw said officers will request a search warrant from a judge for a sample of the motorist's blood for chemical analysis.
From Dec. 30 through New Year's Day, all law enforcement agencies operating in Greene County will be on patrol looking for signs of impaired driving and many departments will have extra officers working the roads during this time, according to Holtsclaw.
The Greene County Sheriff's Department, the Indiana State Police and the police departments from Linton, Jasonville, Lyons, Worthington and Bloomfield will all be cooperating in the "No Refusal" program over the New Year's holiday.
The Indiana State Police have also been stepping up patrols over the holidays, especially during the periods from Christmas Eve through 6 a.m. on Dec. 29, and from 6 p.m. on New Year's Eve through 6 a.m. on Jan. 5. Through several federally funded traffic safety grants, overtime funds will be available for troopers to work these extra hours as well as for motor carrier inspectors.
Besides participating in Greene County's "No Refusal" Program, the ISP will be participating in Operation C.A.R.E. (Combined Accident Reduction Effort) and troopers will direct enforcement efforts towards seat belt enforcement, speeding, impaired driving, and various forms of aggressive driving behavior.
Motor Carrier Inspectors will be participating in M.C.S.A.P. (Motor Carrier Safety Assistance Program) and will direct their enforcement efforts towards safety violations on commercial vehicles and commercial vehicle operators.
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billhess,
Your point was made in other articles. Give it up.
Very good point billhess!
bill,
Get over it. We have heard your sob story on every law enforcement related article wrote in the GCDW. You are WRONG regarding that comment about an officer not having to be trained for the first year. Look it up. Get the facts straight before you start making these comments.
wow will he ever give it up. Officers are trained on dui's, and within in the first year the new officers usually have a very trained officer making the arrest.
Mr. Hess, Your statement is inaccurate. I would like to inform you that in these types of cases, there is procedure that is followed to avoid the blood draws. First, the officer must/will establish what is called probable cause to arrest the suspect and then he is offered a certified BREATH TEST. IF the subject refuses the breath test (PLEASE NOTE THE SUSPECT REFUSED THE BREATH TEST), then the officer petitions a unbiased impartial Judge who determines if there is probable cause to recover PHYSICAL EVIDENCE from the suspect. Please note this process is conducted PURSUANT to the Constitution of the United States of America, note the 4th Ammendment.
In the fact that the Judge issues a search warrant to recover the physical evidence, then the blood draw is performed by a certified medical staff personnel, not by the law enforcement officer. Rest assured the medical staff is trained in recognizing the sypmtoms of hemophilia and are properly trained.
As a certified law enforcemtn instructor, in regards to your inaccurate statement about Newly hired police officer not recieving any training until the academy for one year, this could not be further from the truth.
Officers are required to attend a minimum PREBASIC Course before they are granted any type of arrest powers. I know that our agency and every other agency in this area then require the newly hired to further go into a field training program that encompasses many aspects of law enforcement areas.
Your ignorance of the whole process is exactly what is wrong with these types of forums. Ask your friend, the cop, if there are fail safes and judicial reviews by a prosecutor and a judge before these types of warrants and blood draws are conducted.
Here is a though! DON'T DRINK and DRIVE! Especially if you are a hemophilliac!
billhess,
Give it up, law enfocement has done several of these search warrants over the last year. There has been no problems in that time frame. The story you keep referring to happen several years ago and no blood was drawn. That was a public intoxication case not a DUI. This one officer you are talking about is behind a desk and don't even enforce the laws anymore.
Sorry for my delay in this response. I will answer any questions that you have, factually.
QUESTION 1:
Why do we need it?
OVWI Enforcement saves lives. Simple as that. However, in order to CONVICT these impaired drivers, Officers must not only establish the probable cause needed to arrest and detain them, but they also need proof beyond a reasonable doubt to convict them. The convictions are need twofold. One, to deter the criminal element from drinking and driving, and two, to protect society from dangerous people. I know this is a difficult concept to understand, but impaired drivers are dangerous. They are more likely to be involved in a crash that, God forbid, involves innocent people.
Question 2:
Why do we need it?
I will assume in this question you are referring to the actual collection of physical evidence and not the OVWI Enforcement.
You answer this question yourself in referring to the Excise Officer and his litigious incident. If there was physical evidence of intoxication in this incident, I think it would be fair to say it would have played out a little different.
Under Indiana State Law, it is a crime to operate a vehicle with a blood alcohol concentration greater that 0.08%. In order to prove that, would it not be reasonable to think officers would need a blood sample or a breath sample as physical evidence.
Question 3:
What are the risks?
I am sure the possible risks you have mentioned are there. I am not in the medical profession and must take you at your word for that. However, our legislative branch of government has decided that the risks of this minor intrusion based upon probable cause is a lesser risk than the possibility of an impaired driver being allowed to continue on the roadway and risk the chance of harming INNOCENT people, who happen to be in the path.
It is important to remember that the job of the police is not only to catch the bad guys, but also to protect the good guys from the actions of the bad guys.
I dare to ask, would you make these same arguments if a drunk driver crashed into, and injured or killed an innocent member (father, mother, brother, sister, son, daughter or spouse) of your family. Just so you know, in 2007, an estimated 12,998 people died in alcohol-impaired traffic crashes involving a driver with an illegal BAC (.08 or greater). These deaths constitute 31.7 percent of the 41,059 total traffic fatalities in 2007. These numbers come from MADD.org and NTHSA.
Also, this is not a holiday weekend only program. Officers have been using this procedure for some time now. I would venture to guess that the reason for the press and the beefed up patrols are because there is a tremendous amount of more traffic on the roadways during the holiday seasons and because there is also a lot more celebrating, including the use of intoxicating liquors, over the holidays.
I hope I have answered you questions.
Billhess
If you research the law you can refuse a breath test. THAT IS AN INFRACTION ONLY!!!!!! That is compared to a speeding ticket!!!!!!! A blood draw will allow the officer to charge the subject with a crime. In certain cases the crime could be a felony.
So if you think it is ok to refuse and let someone just pay a fine and walk away, I hope this person don't kill someone.
So let me help you understand the picture...
You refuse, you get an infraction ticket for approximately 150.00 dollars
Officers draw blood they get better evidence to get a conviction to but the suspect in jail.
I hope this is clear enough.
Billhess,
I can explain stuff to my children better than I can explain stuff to you. You can NOT NOT NOT charge anybody with a refusal. This is not a criminal offense!!!!! You can NOT NOT NOT charge anybody with a refusal, it is an INFRACTION!!!!
Alcohol would show up in a breath test.
Medication will NOT!!!!!! Some of the OVWI in Greene County are related to overdose, recreational drugs, or illegal use of medication. This requires the officer to have a blood draw. Breath test will NOT NOT NOT show medication.
Maybe you should research the Laws of Indiana and not another state.
I am sure if your friend is a cop, he could explain the difference between a drunk on medication and alcohol. A drunk on medication would not smell like alcohol but still shows the the clues of an intoxicated driver.
So give it up unless you want to run for office and changes the laws.
Its good bill dont drink if he is like this sober yikes...
The refusal of a breath test does not ADD another charge. When a inpaired driver is arrested, he is generally charged with 3 msidemeanors. Count 1- OVWI, Count 2- OWVI in a manner that endagers a person, and Count 3- OVWI Per Se (Driving with a BAC higher than legally allowed). This is if he takes a breath test and/or sumbits to Implied Consent.
If the driver refuses, he gets charged with Count 1 and Count 2 only. He also is submitted to an ADMINISTRATIVE SUSPENSION of his License for one year. The Administrative Suspension is a result of refusing to follow rules that you as a driver agree to for the privledge of getting a license to drive.
Do you understand that according to the State, driving is a privledge, not a right. I have read the US Constitution and the Indiana Constitution and nowhere does it garuntee you the RIGHT to DRIVE, nowhere.
Furthermore, it does not matter what the suspect is charged with, wether its one count of OVWI or 100. He is only convicted of of one count, as the others are lesser included offenses.
Compare this to Murder if you will. A man murders someone and is charged with murder, a jury can CONVICT him the lesser included offense of Voluntary or Involuntary Manslaughter. Here a person might get charged with 3 counts of OVWI, but only convicted of 1.
MR. Hess, you need to understand that there is a huge difference between Arrested and Convicted. Our Prosecutor wants to have the best case possible. This is in order to effect longer sentences, more consequence and less repeat offenders. Hum, isn't that the Prosecutors job?
I want to reiterate, an OVWI REFUSAL will result in the immediate arrest of a violator, but does not add a criminal charge, it changes a criminal charge into a non-negotiable, no questions asked, administrative suspension of your driving privlege.
Billhess
I will just give up, because i have came to the understanding that you have no clue what you are talking about. I do know the law and have arrested several people for ovwi in the past. So if you want to keep typing away about things that you have no clue on keep typing. Most of us know that you have no idea what your talking about, so we can just laugh at your comments.
A blood and breath sample is just great evidence in arrest, and also when you get your drivers license you agree to take a chemical test if offered. Go read the books, and get your facts straight!!!!
I just cannot make you understand how our criminal justice system works then. You are absolutley correct, it is a word game; mine, yours, whosever. But the end result is the constitution (I know, "an outdated document") allows officers to seize physical evidence with probable cause and with a warrant, unless there are exigent circumstances, and thats what this program is about, collecting physical evidence. I say the longer this program continues, you will see the conviction rate increase above 40%.
It is this laissez-faire approach that is the reason why no one takes a ovwi conviction seriously.
billhess, it's happening whether YOU want it to or not. DEAL WITH IT! The governor, the prosecutor, the police do not have to answer to you. If you don't drink and drive, you don't have anything to worry about.
A crime is a crime is a crime,...smother it with conspiracy blah blah blah its still a crime. Punishment must be given. And I see this as more of a scare tactic, but some people just dont get it.
Mr. Hess
According to Indiana Law, there is a difference between an administrative action, a civil violation of the law, and a crime.
The difference is this, a CRIME can result in your freedom being taken from you. You can go to jail if convicted of a crime.
Last time I checked the Bureau of Motor Vehicles could not sentence you to jail.
Your problem lies with how the legistlation is written. Can I expect to see your name on the ballot for public office next time, or are we just going to complain about it all year long?
Mr. hess is having a hard time getting a simple thing across to you folks.
1: say Joe gets pulled over, he refuses BAC they have an automatic suspension of drivers lic. WHY would they go any farther? but they haul him to GCGH they draw his blood, then complications set in. Joe gets a great lawyer. the test gets thrown out. Joe then comes after the county with the complications and pain and suffering and he and his lawyer go Smiling to the bank. IT'S JUST THAT EASY!