APD can now secure a blood draw in some cases of DWI without first getting a warrant as of September 1, 2009.
During the past session of the Texas State Legislature an obscure bill was passed and signed by Gov. Perry that authorizes law enforcement to draw blood in certain cases of suspected drunk driving in Texas. Previously, a warrant was required before a blood sample could be taken. Under the new Texas DWI law, however, the blood sample can be demanded of motorists suspected of driving while intoxicated if there was a child in the vehicle, the suspect has any prior DWI convictions or there was an accident. No warrant is required. APD put the new law to use just moments after it went into effect on September 1. Following an accident at the intersection of William Cannon and Brodie Lane in Southwest Austin, officers placed the driver in custody and automatically took a blood sample to test his blood alcohol content. In addition to being involved in an accident, the driver had an 11-year old boy in the vehicle. The fact that a blood sample was taken does not mean the driver was intoxicated or that charges of DWI were filed. The new law gives law enforcement the ability to gather evidence when intoxication is suspected.
0 comments