Just wanted to find out if any of the counties that are using blood draw warrants are using EMT personnel, or others not defined in 724.017. The logic being that on its face the applicability of 724.017, and who can draw blood, would seem to be limited to blood draws "under this chapter", meaning 724.012 blood draws.
I like the above logic, however, State v. Laird 38 S.W.3d 707, troubles me. In Laird, the defendant was involved in an accident causing death and blood was drawn by an EMT. The State argued that since the blood draw was taken under exigent circumstances, and not under 724.012, the requirements of 724.017 should not apply. The Austin COA ruled against the State and stated that "[t]he State cannot attempt to circumvent the controlling statute [724.17] by claiming constitutional compliance."
Another argument for the non-applicability of 724.17 would be in cases that fall outside of 724.012 blood draws - refusals without an accident causing SBI or death.
That said, who's doing your search warrant blood draws?
What are your thoughts on who should be doing the search warrant blood draws?
Posts: 34 | Location: Hunt County, TX | Registered: November 10, 2008
Our sheriff had our medical personnel in the jail trained to be phlebotomists. They provide 24 hour availability for blood draws. If there is an accident, the blood draw is done at the hospital under a negotiated protocol. As we do more and more blood search warrants, we are finding that the refusal rate for breath samples is going down.
This holiday weekend Polk county will be using EMTs for blood draws under warrant according to a story linked on the front page of this site:
quote:[Several judges] have each agreed to be available throughout the holiday weekend to rule on search warrant applications.
"In addition, Americare and Lone Star EMS services have volunteered to assist in the execution of the search warrants for blood specimens at the jail," Hon added.
Get pulled over on suspicion of drunken driving this weekend and you are likely to end up with a court-ordered needle in your arm.
It's been a year since Dallas started its "no refusal" initiative, an effort on holiday weekends to seek warrants to draw blood from those suspected of DWI. The effort has followed similar ones in surrounding cities, including Fort Worth, Arlington, Richardson and Plano.
Memorial Day will mark the start of a new �no refusal� for BWI initiative in Montgomery County, Texas. The DA�s Office is teaming up with the Montgomery County Sheriff�s Office, Precinct 1 Constable�s Office Lake Patrol, Texas Parks and Wildlife Department and the Houston Police Department for the initiative, the first of its kind in the nation.
In the DFW area you will find nurses in jails and hospitals, EMTs and Paramedics in jails and in the back of ambulances, and even cops (who are trained by a physician) doing blood draws pursuant to search warrants. It really depends upon the individual agency and the resources that they have available.
We're continuing to hammer home that the requirements of the Transportation Code do not apply when you are doing blood draw search warrants pursuant to Chapter 18 of the Code of Criminal Procedure.
Posts: 151 | Location: Fort Worth, Texas | Registered: February 14, 2001
As of 5 p.m. Sunday, law enforcement made 28 driving while intoxicated arrests and five boating while intoxicated arrests over the weekend, Montgomery County Assistant District Attorney Warren Diepraam said. Last year, for the entire weekend, 51 people were arrested for DWIs and two for BWIs.
