New Texas DWI Laws - More freedoms taken away

The most recent Texas Legislature has again given the State more power over its citizens to invade a persons body without a search warrant.  Senate Bill 328 allows the police to take your blood in a Texas DWI case WITHOUT a search warrant in the following situations:

  1. When an individual involved in a wreck causes any bodily injury to another person;
  2. When an individual is arrested for DWI with a child passenger under 15 years of age;
  3. When an individual has 2 or more convictions for DWI; or
  4. When an individual has been previously convicted of DWI with a child passenger under 15 years of age, intoxication assault or intoxication manslaughter.

At first glance, this new law seems to make sense.  However, let's look a little closer.  What the statute allows our government to do is force you to give your blood - yes, strap you down and forcibly take your blood without a search warrant.  There will be no independent review of the officers actions before they force this blood draw. 

My concern for our citizens is that a police officers will use this DWI statute to make marginal arrests and force individuals to give blood without a search warrant when they otherwise would not have made an arrest at all. We are giving the police more and more power every day.  Now the interested party - the arresting officer - makes the decision to draw our blood, not a Judge as was previously required.

Anytime we let an officer invade, probe or take fluids from our bodies, there should be a warrant required.  We all have a protected interest in our bodies and the legislature has deprived us of our right to require at a bare minimum a search warrant that is signed by a detached and neutral judge.  Instead, we are allowing an interested party, the police officer making a DWI arrest, to make a decision with no oversight.  Shame on our legislature giving the police the ability to search and seize our blood without a warrant.

The hope is that through DWI lawyers fighting this type of legislation, the legislature will realize the threat to our constitution and change the law or that the judiciary will strike the law down as an unconstitutional invasion on our right to be free from unreasonable searches and seizure.

Image:  Sharon Gott