We have been approached by our local game wardens about requesting warrants for blood draws from persons suspected of BWI who refuse to blow or to provide a blood specimen. They are wanting to do this on holiday weekends when the lake traffic is especially busy. While we believe this would certainly help us with prosecuting these cases, we are uncertain as to how our district judges will feel about being on standby over the weekend to sign warrants. We would like some input from other counties who are doing this to see how it is going and how the judges feel about it. Anne Pickle, Asst. DA Jasper County

We're doing our first "no refusal" weekend here in Polk County over the upcoming Memorial Day holiday. In fact, extra Parks and Wildlife game wardens are going to be working on Lake Livingston for BWI enforcement. So far, both of the district judges who serve our county and our county court at law judge have been supportive. We're still ironing out all of the scheduling issues but I'll be glad to let you know how it turns out.

Ms. Pickle,

You may have looked at it already, but do you HAVE to use district judges? You appear to be in a smaller county according to the demographics given. The revisions to CCP 18.01(i) may allow you to use any magistrate. Main requirement is whether you have any county court or municipal judges in courts of record who are attorneys. We are using warrants here with all our magistrates on rotation and the effect has been phenomenal. Moreover, word-of-mouth on the warrants has driven our breath test rate back up. Like many jurisdictions, we have a simple form for our officers we could share with your office.

We did a trial run in April (before opening it up on Memorial Day). The first D through the door was a "total" refusal (.16). Later that night, we had a D resist, and found out why - .32 w/ 3 prior DWI convictions. Our average was .20! I can't say enough good things about the practice, and will share anything you need.

How about coordinating with your regular law enforcement guys to have a combined DWI/BWI no refusal blood search warrant program? After all, the weekends that you have all of the drunks on the lake, you also have the same problem on the roads.

A drunk driver towing a boat...

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A drunk driver towing a boat...

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We had one of those once, with a really good video of the boat going side to side with the swerving of the car. The boat wasn't on the trailer very well, either; kinda crooked. It pled.

I asked a while back what everyone thought about tampering in the situation where a defendant is presented with the signed search warrant and actively fights the officers attempting to facilitate the draw, but nobody weighed in. We got a good one a few weeks ago and Grand Jury liked it just fine..."and before the presentment of this indictment did then and there, knowing that an investigation or official proceeding was pending or in progress, to-wit: investigation pertaining to the operation of a motor vehicle while intoxicated, intentionally or knowingly alter, destroy, or conceal evidence, to-wit: human blood believed to contain a concentration of alcohol, with intent to impair its verity or availability as evidence in said investigation or official proceeding." Let you know how it goes.

Seems more like resisting and arrest or search.