Articles Posted in Blood Tests

With all of the recent publicity surrounding DWI Blood test cases, a few months back, I decided to write a paper on how to fight DWI blood test cases.

Well, the paper was coming along very slowly, and I quickly realized my topic was too broad.  I decided to narrow it down to remove all "constitutional/"are the warrants illegal" areas, and leave that area to another legal scholar.  In general, I think the Transportation Code is so clear, I didn’t want to get on my soapbox about it any more.  Plus, I have read (but don’t buy into) the Beemon case which is where most prosecutors point to.

If anyone is interested in working on a paper with me, let me know.  Maybe a law student out there??

Well, it seems as if the blood draw debate is continuing.. this time in Austin.

Austin DWI Attorney Jamie Spencer has been reporting on the Vampire Blood Draws heading to Austin Here, and Here. 

The newest twist is evident from the headline in this article on KXAN in Austin — "APD chief wants officers to draw blood on DWIs"  Apparently it is not good enough to take someone to the hospital against their will, strap them down, and pull their blood.  APD wants the officer to do it.

As Jamie points out, people on KXAN’s website are commenting in droves — mainly against the idea.  He shows that "[t][he overwhelming majority said it was a bad idea. 46 commenters – out of 51 total – were against it."

Texas Transportation Code

§ 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON REFUSES; EXCEPTION.
Except as provided by Section 724.012(b), a
specimen may not be taken if a person refuses to submit to the
taking of a specimen designated by a peace officer.

What part of this does the State not understand?