Contact:  Dotty Griffith, Public Education Director, ACLU Foundation of Texas
(512) 478-7300 x 106 or 923-1909; dgriffith@aclutx.org
Debbie Russell, President, Central Texas Chapter, ACLU of Texas; (512) 573-6194

AUSTIN – The American Civil Liberties Union of Texas today asked officials to reconsider policies that would require police to enforce -- potentially using physical force -- search warrants requiring blood tests for drunk-driving suspects because the practice keeps officers from their primary duty to apprehend impaired drivers. 

Further, “the policy undermines public safety, could diminish community trust in law enforcement, and could expose police departments to increased liability,” said ACLU of Texas Executive Director Terri Burke. She also noted that there are other options to enforce compliance, citing Texas law that allows 180-day suspensions of driver’s licenses for persons who refuse a Breathalyzer and other civil penalties for refusing to consent to a court-ordered blood test.

Taking an approach that mirrors other cities throughout the state, City of Austin police have announced their first “no refusal” weekend, Oct. 31 and Nov. 1, to apprehend Halloween revelers who drink and drive. Motorists stopped for suspicion of drunk-driving that fail a field sobriety test will face court-ordered blood tests if they refuse a Breathalyzer exam, say police.

“When drivers fail field sobriety tests, officers in cities anywhere in Texas can and should get them off the streets,” said Burke, “but occupying officers with forced blood draws diverts them from their real job – patrolling for impaired drivers and protecting public safety.”

“No refusal” policies that require police to participate in forced medical procedures “could expose cities to serious liability in the event a suspect is injured,” Burke warned.

Debbie Russell, President of the Central Texas Chapter of the ACLU of Texas which includes Austin, asked, “How far are officers allowed to go to collect blood evidence? Is force justified just because a person refuses to comply? Is force ever justified after someone is in custody unless the suspect is violent to police?”

The ACLU of Texas sees the Austin program as part of a disturbing trend occurring all over the state: Law enforcement use of search warrants to obtain blood from drunken driving suspects.  The Austin Police Department recently announced the first “no refusal” weekend as a pilot program which APD plans to repeat on other holiday weekends such as New Year’s Eve.

“Utilizing officers’ time to transport and force Texas drivers who refuse a Breathalyzer test to get their blood drawn isn't good use of police resources,” said Russell. “Moreover, it does little to help build the much-needed trust between APD and the community because inevitably there will be stories of physical abuse with implementation of this program,” Russell added.

Police have said the program will work this way: Motorists who fail field sobriety tests will be arrested and taken to a mobile unit equipped to give Breathalyzer exams. If suspects refuse, they will be taken to Travis County Jail where a magistrate will be on duty to issue a warrant for blood tests, administered by force if necessary.
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