Law enforcement agencies across the state have been utilizing 'No Refusal' campaigns to combat driving while intoxicated in Texas. These efforts rely on judges being available to sign warrants authorizing blood draws. The samples are then tested for blood alcohol content or BAC, providing evidence for prosecutors in DWI cases. Legislation signed by Gov. Rick Perry now allows police to demand blood samples in certain TX DWI situations - without a warrant.
The new DWI legislation bill was attached to a law on boating and alcohol, and many, including prosecutors, were unaware of it. The law permits blood draws without a warrant when a motorist who has two or more prior DWI convictions is stopped for suspected of drunk driving in Texas; has a child in the vehicle; or causes even a relatively minor accident with injury. When a traffic stop is initiated and the driver refuses to submit to a breath test, the officer can demand a blood sample to test BAC.
Being a DWI attorney, I have always said that drunk driving is never acceptable, however I do have concerns about the proper drawing, handling, storage and testing of blood samples. It is evidence in a criminal investigation and thus should be subject to very strict guidelines. Its mishandling could compromise the sample and result in an inaccurate BAC reading and in some cases innocent people getting arrested.
