Similar to previous sessions, the 81st legislative session was chock full of DWI-related bills proposing myriad ways to combat Texas’ high rate of alcohol-related crashes - sobriety checkpoints, ignition interlocks on DWI firsts, mandatory blood draws, DWI offender registry, DWI hotlines, aggravated DWIs, limiting ALR hearings... Countless hours were spent debating numerous DWI-related bills, with several of them passing out of committees but later dying on the House floor. In the end, the only DWI-related bill to survive the legislative gauntlet to change DWI laws in Texas was SB 328.

The biggest change made by SB 328 is the expansion of police power for mandatory warrantless blood tests. Under current law, police officers can only do a mandatory warrantless blood draw on a DWI suspect if there has been accident causing serious bodily injury or death. However, as of September 1, 2009, police officers will now be able to strap you down and extract your blood (and can use force if necessary) without a warrant if you are pulled over for DWI and refuse to give a breath or blood sample and any of the following scenarios is at play:

• there was a collision and someone suffered "bodily injury" and was transported to a hospital or other medical facility for medical treatment;


• the person is put under arrest for DWI with a child passenger under 15; or


• at the time of arrest, "the officer possesses or receives reliable information from a credible source" that the person has been previously convicted twice of DWI or once of DWI with child passenger under 15, intoxication assault, or intoxication manslaughter.

Well, what is wrong with this you might ask? First off, I should note that I HATE getting my blood drawn for medically necessary reasons, and even though it might just be a little prick, I find it a rather painful and somewhat scary procedure. Imagine combining that moderately unpleasant experience with the highly unpleasant experience of being arrested. Do you want law enforcement jabbing needles in your arm to extract your blood?? Just the mental image of that freaks me out (not to mention the hygienic aspect - for anyone who has ever taken a trip to the big house, you know that jails and booking facilities are not the cleanest of places).

Secondly, note that "bodily injury" is defined in the penal code as any physical pain which can be as innocuous as "ouch, my neck is a little sore." Under this law, cops can force people with very minor aches and pains to go to hospitals - who otherwise would not go - just so they can do a warrantless forced blood draw on the DWI suspect. Third, take a look at the language in the third scenario - "the officer possesses or receives reliable information from a credible source" that a person has prior convictions - there is no definition of "reliable information" or of "credible source" so that leaves me worried that cops will be able to use just about anything to get at your blood.

The other kicker to this new law is that it expands the pool of people authorized to sign blood warrants. As of September 1, 2009, any magistrate who is licensed to practice law in the State of Texas will be authorized to sign blood warrants.

So, as of September 1, 2009, be aware that there will undoubtedly be more blood in Texas. And you have your Texas legislators to thank for that!

posted by Kristin Etter   permalink   0 Comments