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Jul 8, 2008 1:08 pm US/Central
Judge Says Some Cops Can't Take Blood For DWI Test
FORT WORTH (CBS 11 / TXA 21) ―
A Tarrant County judge has ruled blood taken by Dalworthington Gardens police officers is not admissible as evidence in a DWI case.
The ruling finds that under state law officers trained to take blood under a course devised by an emergency room doctor do not meet training requirements to take blood from suspected drunk drivers.
The training for officers includes 14 hours of classroom training and up to 20 hours in a hospital with blood technicians.
Dalworthington Gardens has required blood samples in all DWI cases since May. The city was part of a twenty-one city July 4th DWI crackdown that also required blood samples be taken if suspects refused to take a Breathalyzer test.
The ruling is in the case of 25-year-old Christi Lynn Johnston. She was arrested on suspicion of driving while intoxicated in December, 2005. She claims she was not offered the chance to take a Breathalyzer test and was physically held down while officers took blood.
Several Texas cities have conducted so-called "no refusal' DWI crackdowns in which blood is forcibly drawn from suspected drunk drivers who refuse to take Breathalyzer tests.
The decision could call into question the programs run by many law enforcement agencies. State law specifies the people who may draw blood for DWI testing. They are: "a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse."
The law specifically excludes "emergency medical services personnel." Police officers are not addressed, but the training in the course for officers closely resembles paramedic training.
The Tarrant County District Attorney's office said Tuesday it will appeal the ruling.
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