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Jul 2, 2008 6:58 pm US/Central
Attorney Challenging Forced DWI Blood Samples
TARRANT COUNTY (CBS 11 News) ―
Law enforcement agencies across North Texas will be cracking down on drunk driving over the July 4th weekend - including taking blood samples of suspected drunk drivers.
But one man says how those samples are collected is sometimes illegal and he's taking the system to court.
Attorney Avery McDaniel is arguing that some of the people taking the blood samples aren't qualified to do so under state law and he says currently there's nothing the 'average person' can do about it.
"If an officer believes that you're intoxicated and you refuse [to give a blood sample] they will get a search warrant and they will physically hold you down and take your blood," McDaniel explained.
Having a blood sample forcibly taken is exactly what McDaniel says happened to his client, Christy Johnston.
State law says blood samples must be taken by qualified technicians. Johnston had blood taken by police officers who had only 20 hours of training.
The officers were trained in a program organized by an Arlington emergency room doctor. It's a program McDaniel says is not only illegal but potentially harmful.
"It should be noted that they had to physically restrain her to get the blood," the attorney explained. "And the next day, or thereafter, she had bruises up her arm from them withdrawing this blood."
Tarrant County District Attorney Richard Alpert says, "Everybody drawing the blood sample is a part of this program, or any other program we've done, has been medically certified as qualified to draw blood samples. Some of them also happen to be police officers. Some of them actually are firemen."
There are 21 North Texas law enforcement agencies that will use blood testing in a DWI crackdown over the holiday weekend. The Dalworthington Gardens Police Department is one of those agencies, but their department now draws DWI blood tests year round.
Dalworthington Gardens Police Chief Bill Waybourn says the program is truth seeking. "We have a 100-percent conviction rate. It is something that we go after and simply get the evidence and bring it before the courts."
It's not likely a legal decision concerning the blood samples will be made before the July 4th holiday, but most everyone aggress that regardless of the outcome the decision will most likely be appealed to a higher court.
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