What? Chief Acevedo wants to suck my blood?
On Monday, the 30th of June, Police Chief Art Acevedo announced that he was hoping to take Federal funds to implement a program to train APD Officers to draw blood from motorists who are suspected to be driving with intoxicated. While APD Officers would need to obtain a search warrant to draw the suspect’s blood, this “program” would be setting a bold new precedent.
As reported by KXAN, “The search warrant would give an officer the right to stick a needle in your arm to get a blood alcohol level, replacing the job of a jail nurse.” ¹
Austin DWI attorney Ken Gibson argues that, “The officer’s going to have a liability if they don’t do it right. The city’s going to have a liability if they don’t do it right. Police officers don’t want to be out sticking needles in people.”
If that wasn’t chilling enough, as part of Acevedo’s “No Refusal” policy if you choose to refuse a breathalyzer then APD Officers will be able to forcibly take your blood.
Acevedo was quoted as saying, “My intent in the future is to make it so there is no such thing as a refusal. You can refuse all you want, but we are going to aggressively seek search warrants.”¹
Fast forward to October the 17th, when APD Chief Art Acevedo made the announcement that, “We are going to have a no refusal weekend.” ²
Beginning this Halloween weekend, Acevedo’s proposal is set to become a reality.
To aid Acevedo in his effort, the ridiculously titled BAT-mobile, which stands for Breath Alcohol Testing, is set to be out roaming the downtown streets.³
Halloween will be another precedent setting event, because for the first time the BAT-mobile will be used for drawing blood; from Friday through Sunday, a phlebotomist will be on duty in the BAT-mobile.
This Federal program is NOT limited to Austin, Texas. It’s being implemented all across the country. But not everyone is going along with it.
In neighboring Burnet, three days after Marble Falls police brought in their first DWI suspect, the Seton Highland Lakes Medical Center announced that they will no longer adhere to the court order.4
October 6th, Scott Fuller, the Seton Highland Lakes Medical Center Administrator, sent a letter to city and county officials which read, ”effective immediately, the Highland Lakes Medical Center will not draw specimens under a search warrant. Please do not transport persons to the hospital for that purpose.”
Monday, Seton explained that, “they will only draw blood under a search warrant if a person is arrested, caused an accident that resulted in injuries or death due to alcohol, and they refuse a voluntary blood test”.4
References:
1. APD Chief wants officers to draw blood on DWIs
(http://www.kxan.com/Global/story.asp?S=8581029)
2. Halloween weekend: no refusals on DWI Tests
(http://www.kvue.com/news/top/stories/101708kvueapdblood-bkm.122711df2.html)
3. BAT-mobile unveiled to fight crime
(http://www.kvue.com/news/alberts/stories/070808kvuebatmobile-mm.388aed88.html)
4. Hospital refuses to draw blood for police cases
(http://www.kxan.com/Global/story.asp?S=9171087)
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