Blood draws in DWI cases have Texas hospitals concerned
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.
The situation was brought into focus recently when an off-duty police officer who had been arrested for four prior incidents of driving while intoxicated slammed into another vehicle in the town of Alamo. The officer also had his 11-year old son in the vehicle at the time of the accident, clearly meeting all three criteria for the new law permitting a blood draw without warrant. Three hospitals in the Rio Grande Valley refused to conduct a blood draw.
Each of the hospitals has declined comment on procedure and policy. The Hidalgo District Attorney's office has said it will proceed with the criminal case of DWI, but admits that the case would have been stronger if evidence of the suspect's blood alcohol content had been collected shortly after the accident.
Law enforcement authorities and medical professionals have been trying to resolve similar issues across the state, with some local success. Police initiating traffic stops for suspected drunk drivers in Austin periodically employ a 'no refusal' initiative that involves a mobile crime lab and licensed medical personnel for drawing blood samples. In Williamson County, DWI suspects are taken to the county jail where licensed phlebotomists take blood samples in the infirmary.
Officials in the Valley say that discussions are planned following the recent DWI incident. The Hidalgo Sheriff's Department said it would consider emulating the actions taken in other areas in the state, should licensed professionals be available.
