Paramedics Now Authorized to Take DWI Blood Samples; Dallas DUI Attorney Calls Loosening Standards a Step in the Wrong Direction
Dallas, TX (PRWEB) July 29, 2013 -- As of September 1, Texas legislation will be expanded to authorize more individuals to take blood sample for those accused of DUI offenses. House Bill 434 will change the parameters to include the more than 6,000 paramedics in Texas. Dallas DUI defense attorney Richard McConathy said reducing the requirements for those qualified to collect scientific evidence is a dangerous proposition.
"This measure loosens the standards of retrieving delicate evidence that can change the life of the accused," McConathy said.
A licensed physician or qualified nurse, technician, or chemist was previously entrusted with this task, according to the legislation. With paramedics now able to retrieve the sample, the blood tests can be more readily taken by the side of the road, meaning they likely will be more widely administered to DUI detainees, McConathy said.
The legislation does state that life-saving medical care does take priority over taking the sample and that police cannot pressure the paramedic to take the sample rather than treat those injured in the case of an accident. It also stipulates that law enforcement must oversee the procedure to obtain the sample, immediately take custody of it from the paramedic, and therefore document the chain of custody.
Currently, police officers can use no-refusal weekends to collect hundreds of blood samples. According to the Texas District & County Attorneys Association, officers could use a mobile blood-draw van with a fax machine that is used to quickly push through warrants for seizure of a person's blood (TDCAA, "Anatomy of a DWI 'no-refusal weekend'"). Defense lawyer McConathy speculates that the addition of paramedics to this process will enable officers to perform these weekends more frequently and set-up even more vans, as thousands of paramedics will now be able to take the place of other qualified medical staff to take the samples.
"The serious invasion of privacy that a blood sample entails is not to be taken lightly," McConathy warned. "The Fourth Amendment protects our rights to privacy, and making it easier to circumvent that right is not something we should make easier."
According to Texas law, law enforcement must still have "reasonable cause" to order a blood test for an alleged offender, but the ease of obtaining that cause gives the police almost free-reign to request the tests, which have arguable accuracy but can lead to a conviction and lifelong consequences.
The ability to maintain the integrity of the samples has also been called into question. McConathy wonders if paramedics will be fully trained on how to properly store the samples to ensure their accuracy. Samples must be refrigerated and questions have also been raised as to whether paramedics will have the equipment to do this. False positives and subsequent convictions may result from tainted samples, so it is crucial that all samples be handled with precision.
"Chemical test results sound definitive in court, so juries are more likely to believe them unless a Dallas DWI testing attorney can point out their multiple flaws. The new amendment will make law enforcement eager to obtain more of these unreliable tests and use them against individuals that may not be over the legal BAC," McConathy said.
Police need not have a blood test to arrest an individual suspected of DUI, but the results can be used to build a case against them. Without a warrant, the police cannot demand a blood sample under the Fifth Amendment's rights granted to the accused. However, if a warrant is obtained, charges can be filed against an individual who refuses to submit to a blood test.
Richard McConathy, of the Law Offices of Richard C. McConathy, is a Dallas criminal defense lawyer who represented those accused of drunk driving, drug charges, marijuana charges and other crimes in the Dallas-Fort Worth area.
Richard McConathy, The Law Offices of Richard C. McConathy, http://www.mcconathylaw.com/, (972) 233-5706, [email protected]
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