[Vision2020] obama election / gun purchases

[Dan Carscallen]

Sunil says:
 
"Like other states, Idaho has 'Implied consent.'  That means if you
drive on our roads, it's implied that you have already consented to
providing a breath, alcohol, or urine sample if you are arrested for
DUI.  

Someone in Southern Idaho got picked up, and taken to the hospital after
refusing to provide a blood sample.  Officer gets a nurse to get a
sample, while guy is lying handcuffed on a gurney.  (Our courts have
said it's okay to get this sample by force, if the driver won't
willingly provide it.)

Officer asks for a urine sample, which the driver refuses to provide.
Officer then orders the nurse to catheterize the driver for a sample,
which is done."
 
Now, I don't know about the case you speak of in South Idaho, but I do
know that up here the nurses won't go to that extent.  First off, there
is a modicum of privacy when you are in a hospital (I'm sure HIPAA has
something to do with it), and secondly, none of them want to testify in
court.  As EMS personnel, we also have that same confidentiality (HIPAA
again) when it comes to patients.
 
Perhaps the example Sunil speaks of doesn't necessarily deal with the
nurses at the ER, but more with someone the State Police brings in from
outside.  I know there have been rumblings about ISP contracting with
local EMS professionals (as individuals, not with their departments) to
do blood draws to get blood alcohol levels.  Again, I don't think there
has been much success up here because people don't want to be called
into court.
 
That being said, I think that if you cause a crash (ITD doesn't call
them "accidents", maybe "mistakes" is a better word) and you've been
drinking, you should get pinched.  I can't say how many people we've
hauled in (literally, I can't say) who were obviously over the limit,
but since law enforcement couldn't obtain a sample they walked.  Of
course, if it's a multiple vehicle incident, there are probably
different rules (I've never been on one of those where alcohol was a
factor . . . yet).
 
And, *that* being said, I would hope that as a defense attorney, Sunil
would do all he could for his client to prove their innocence, or at
least get them the fairest sentence possible if they are guilty.
 
DC
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