Frisco DWI Lawyer & Attorney Blog
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."
Obviously this isnt a survey, or a double blind study, but certainly shows that there is opposition to the idea. Austin DWI Attorney Ken Gibson even was asked about the problem and explained that "[f]olks that are exercising their right shouldn’t be afraid, that by doing so, ‘Bubba Police Officer’ may stick them in the arm."
A new group now dove into the mix as well. The Texas Civil Rights Project says in this article that:
"You have the police officers themselves doing the blood tests exposing the city to all types of lawsuits. They don’t have nursing training; they don’t have medical training," said Jim Harrington, director of the Texas Civil Rights Project.
In this article, Mr. Harrington explains:
“You’re basically violating somebody’s constitutional rights by going into their body and taking blood,” said Jim Harrington, Director of the Texas Civil Rights Project. “People who haven’t been to nursing school (or) medical school could cause a lot of problems to the person they’re sticking the needle in to.”
Of course, these blood draws can only be held with the signing of a warrant by a judge. Dallas Criminal Defense Attorney Robert Guest shows what happens when one judge actually stops to read the law. His article, Austin DPS vs. Hero Judge — Update shows the few prosecutors spearheading the MADDness, are up in arms!
Of course, I still cant get past this. In my past simple post "Refusing a Breath Test" I showed the LAW:
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?