Results tagged “BAC test” from DUI Lawyers & Attorneys News

A select group of police officers in Idaho and Texas are being trained to draw blood from people who are suspected of driving under the influence.  The training is part of a federal program aimed at determining whether or not police officers can use blood samples as a tool for prosecuting DUI cases.

If the program appears to be effective after a couple of years, the National Highway Traffic Safety Administration plans to encourage police departments throughout the country to undergo similar training.

Christine Starr, Deputy Prosecutor in Ada County, Idaho, said she hopes the program will help to reduce the amount of DUI trials.  Under the current law, police officers cannot force a suspected driver to submit to a breath test, but they can forcibly take a blood sample.

While the latter practice may seem harsh, it has been upheld by both the Idaho Supreme Court and the United States Supreme Court. In 1966, the U.S. Supreme Court ruled that police could force a blood test without a warrant as long as there was reasonable cause to believe the driver was driving under the influence of alcohol or a controlled substance. 

The Supreme Court's ruling also states that police officers must first place the driver under arrest, and then carry out the test in a medically approved manner.

The practice of drawing blood to determine a person's blood alcohol concentration first began in 1995 in Arizona.  Since then, many police jurisdictions throughout the country have taken up the practice.

For more information about the blood alcohol testing laws in your state, click here to find a DUI attorney near you.

A new law taking effect Sept. 1 in Texas will allow police to draw blood from DWI suspects without having to get approval from a judge.

Under the terms of the law, police can order a blood sample to be taken from a person suspected of DWI under certain circumstances, such as if the suspect is a repeat DWI offender, if the suspect caused a fatal DWI accident, or if a child under the age of 15 was in the vehicle.

Current laws require police officers seeking a blood sample of a suspect who has refused a breathalyzer test to convince a judge there is probable cause to authorize a search warrant.  The new law will allow police officers to order blood tests without a warrant.

Prosecutors are pleased with the law, and think it will deter drivers from driving while intoxicated if they know the police can sample their blood.  However, many others, including constitutional experts and DWI defense attorneys, are concerned as to whether or not the law is constitutional.

"The real problem is they've taken authority away for judicial review, and it's now at the sole discretion of the police officers," said Houston lawyer Doug Murphy, who co-chairs the DWI committee of the Texas Criminal Defense Attorney's Association.  "There are no checks and balances. Once you give police officers sole discretion, one branch of government can run amok."

Houston DWI attorney Tyler Flood agrees.

"It's a violation of our constitutional right to privacy, and right to be free from unreasonable search, and that's what this is, an unreasonable search," said Flood.

For more information about DWI laws, please click here to find a DWI attorney near you.