Texas Law May Soon Authorize The Taking of Blood Samples In Additional Situations
I posted recently about the proposed legislative initiative which would give the green light to Texas Sobriety Checkpoints. It now appears that even more changes are in the works. S.B. 261, introduced by Texas State Senator Bob Deuell would amend Texas Transportation Code sec. 724.012 to allow officers to take blood samples from DWI suspects when there was an accident that required someone other than the DWI suspect to be taken to a hospital or medical clinic. In addition, it would authorize blood draws for people accused of DWI with child - a state jail felony, and people who are suspected of having two prior DWI convictions or a prior felony DWI conviction.
This proposed legislation strike me as remedy in search of a problem. In other words, police already obtain blood samples from DWI suspects by requesting a judge to issue a search warrant for blood. Why then, do we need the statute to change in a way that grants police a power they already have and use?
According to one witness testifying in the Texas legislature about the bill, obtaining a search warrant takes too long. Another person might argue that the backers of this bill would like to see police have authority to have blood samples drawn without the necessity of presenting facts to a neutral and detached judge in support of a search warrant. How much easier will it be for the police to have someone draw your blood based on their subjective opinion that you are intxocated? If the police are so sure, why not present the facts to a judge and obtain a search warrant? Why are we in a rush to dispense with one of our fundamental protections against an unreasonable search - a search warrant?
