Ethical and legal concerns limit drawing blood from suspected drunk drivers in Texas.
Last year the Texas state legislature passed a law allowing law enforcement officers to seek a blood draw to test blood alcohol content (BAC) of drivers who
- have a history of TX DWI arrests,
- have caused a wreck resulting in serious injuries to the occupants of another vehicle, or
- have a passenger under the age of 15 at the time of the accident. When one or more of these criteria are met, officers can request a blood draw without first seeking a warrant for the sample.
State DWI law strictly stipulates the environment in which a blood draw can be conducted and who can collect such evidence. Some more populous cities employ a licensed nurse or phlebotomist, though many law enforcement agencies rely on hospitals to collect a sample that can be used as evidence in a criminal case.
Texas hospitals however are not always willing to engage in the practice of drawing blood from a DWI suspect. Administrators cite the medical ethics that generally prohibit a doctor or a nurse from performing unwanted procedures on patients. To do so could open the professional to disciplinary action from the state medical or nursing boards. A lawsuit from an unwilling drunk driver poses a financial risk, not to mention a safety risk of putting hospital employees in potential danger from a resistant suspect.
'No-Refusal' drunk driving crackdown held Super Bowl night through next morning.
Austin Police Department reported seventeen arrests for driving while intoxicated (DWI) in Austin after the Super Bowl. An anti-drunk driving initiative was conducted between 9:00 pm Sunday night and 5:00 am Monday, and it included implementation of the police department's 'no-refusal' policy. Motorists suspected of DWI who refused to submit to a breath test were subject to a warrant for a blood sample.
It's another "No-Refusal" weekend in Austin, Texas.
From 9 p.m. on Feb. 7 through 5 a.m. on Monday, Feb. 8, 2010 the Austin Police Department will enforce a "No Refusal" initiative. During this time frame, warrants for a blood draw will be immediately issued for those suspected of driving while intoxicated who refuse to use the breathalyzer. Currently these drivers are taken to a local hospital to have their blood drawn. The Travis County Sheriff's department and Austin Police Department are trying to work out a deal to have the phlebotomists work out of the jail to improve efficiency.
Recent "No-Refusal" initiatives resulted in 48 arrests during Halloween of 2009 and 24 arrests during New Year's Eve 2010.
Austin Police insists that it is focused on saving lives and making Austin roadways safe for everyone, but the "No Refusal" initiative is very controversial. There are many people who believe that this type of program violates our constitutional right and goes to far. However, those on the other side believe that these measures are needed to keep people from driving drunk.
