Austin police Department will require blood draws in all suspected DWI traffic stops that refuse to take a breath test.
The Austin Police Department has announced that it will schedule another 'no refusal' weekend over the Labor Day holiday. The controversial initiative calls for requiring a blood sample from all those suspected of driving while intoxicated in Austin.
A recent change in Texas DWI law allows law enforcement to demand a blood sample without first seeking a warrant, though it only applies to situations were intoxication is suspected and the motorist caused an accident, has a child in the vehicle or has prior DWI convictions. The 'no refusal' plan used by the APD is different on two fronts. First, if a motorist refuses to submit to a breath test to check blood alcohol content, the officer seeks a warrant for a blood sample. The motorist is then taken to a facility where blood is drawn, even if the suspect contests the action. Secondly, every motorist stopped for suspicion of drunk driving in Austin during a no refusal weekend is subject to having his/her blood drawn.
The forced blood draws have been contested as violating a person's constitutional rights to protection from search and seizure and protection from self incrimination. Texas law defines situations where blood draws in suspected cases of drunk driving are permissible. There are also has strict guidelines as to whom and where a blood sample can be taken, and not every municipality has the correct staff or environment. Austin DWI defense lawyer Paul Dunham says the major concern is the potential contamination of evidence to be used in a criminal case.
Austin Police started the 'no refusal' initiative during Halloween 2008. They have conducted the initiative on major holiday weekends, including the Fourth of July and St. Patrick's Day.
