Cops can Take Blood from DWI Suspects on the Spot?

In Texas they now are able to - and without a judge’s consent.

According to an article in the Houston Chronicle, Sept. 1 marks the first day that Texas police officers will be able to use their own discretion in certain circumstances and order blood tests from people accused of driving under the influence - without judicial review.

The law is written only to include certain circumstances - such as repeat offenders or an accident resulting in death - but the Chronicle says defense attorneys are riled up about the legislation.

Some authorities think the new law will cause blood-work labs to become overloaded with work - but the state has bulked up on staff, so hopefully that won’t happen.

One Texas prosecutor believes the law will be a ‘huge deterrant’ against drinking and driving because people will believe they are more likely to get busted. Drivers can still refuse a breathalyzer test, but if the police can get a search warrant and order a blood test on the spot, there’s a much higher chance of convicting offenders.

Texas defense attorneys think the legislation is a violation of American constitutional rights, according to the Chronicle article - but the start date is set and it’s going to happen, so the state and defense attorneys alike will just have to see how it goes.

This entry was posted on Wednesday, July 29th, 2009 at 2:50 pm and is filed under DUI Law. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.