Alfonzo Denard Arrested (again)

[dblakejr7]

its was some dude from NFL network tweeting it out.. again its what i heard all is possible i guess..

 

[JDM]

As far as I know, there's no "to me" about it. I think refusing to take a test is enough to convict you of a DUI in most states. But this is just a guess.

As it should be. But I have heard (not necessarily reliable) claims that he did take the test, as well as a field sobriety test, passed both, and the cops decided to arrest him anyways. If this is actually the case the cop in question should be fired IMO.

 

[my2cents]

It could be a situation where its DUI based on narcotics. If he did pass breath tests, there could be an implied consent provision in that state requiring the defendant to provide blood or urine, and if there is any traceable amount of narcotics, then one gets charged (and most likely convicted). This is just speculation on my part though. Also, the "reports" that he passed the field sobriety tests are probably overstated. I have had LOTS of clients report to me that they "passed" he field sobriety tests and only upon viewing them for myself discover that this couldn't be farther from the truth.

 

[NinerSickness]

If someone refuses to give blood or urine, are the police allowed to strap 'em down and take blood anyway? Or do they just convict 'em of a DUI?

 

[JDM]

It's a stretch but not impossible. I think what it comes down this we'll just have to wait and see.

 

[JDM]

If someone refuses to give blood or urine, are the police allowed to strap 'em down and take blood anyway? Or do they just convict 'em of a DUI?

Blood test requires a warrant in any circumstances I believe.

 

[Crimsoncrew]

If someone refuses to give blood or urine, are the police allowed to strap 'em down and take blood anyway? Or do they just convict 'em of a DUI?

In general, yes. However, there was a recent case, Missouri v. McNeely I believe, that limits the scenarios in which a forced blood draw is allowed (never heard of a forced urine draw...). The law is still kind of shifting in this area. Now the question is whether a driver with a CA driver's license consents when they check a box to get their license, for instance.

 

[redseat]

As far as I know, there's no "to me" about it. I think refusing to take a test is enough to convict you of a DUI in most states. But this is just a guess.

Not to "convict" but certainly give the police a lot of probably cause to charge you with a DUI or DWI.