Those who drink and drive and then refuse a breathalyzer test may have their blood drawn before the night is over.
“We want everyone in Bell County to have a great New Year’s holiday,” Sheriff Dan Smith said. “Our intent is to protect the public and have an accident and fatality free holiday.”
People suspected of driving while intoxicated are generally asked to submit to a breath test that measures the person’s blood-alcohol content. Those who refuse the test may have their licenses suspended but they also leave prosecutors with one less piece of evidence to use against them.
“We’re not going to allow refusals,” Smith said.
As a rule, those who refuse a breath test usually do not have blood drawn because that would require a search warrant.
On New Year’s Eve and New Year’s morning the Bell County District Attorney’s Office has agreed to have prosecutors available to screen DWI cases with breath test refusals to determine if there is enough probable cause to issue a warrant for a blood draw. If there is, a sitting judge will be available to issue a warrant and draw the blood.
Any blood draws would be done by the nursing staff from the Bell County Jail, where suspects would be transported. Once it is drawn, it would then be tested to determine alcohol content and used as evidence.
“New Year’s Eve is a time for excitement, but it’s also time for responsible behavior,” said District Attorney Henry Garza. “If you’re drinking, don’t drive. Too many lives are lost on highways in this county.”
The program has the support of law enforcement agencies around the county. Representatives from Temple, Belton, Harker Heights and Killeen attended a press conference Tuesday at the Bell County Sheriff’s Office. In addition, a representative from the Department of Public Safety and the enforcement division of the Texas Alcoholic Beverage Commission were in attendance.
“We’ll be out in force,” said Mike Gentry, police chief in Harker Heights. “Drinking and driving is unacceptable and highly dangerous conduct.”
Bell County Attorney Rick Miller said warrants for blood draws are more common in counties with larger populations. He said in the future he would like to see the county instill the program fulltime but said right now such a move would not be feasible.
For one night, however, drivers who have been drinking and don’t like to take breath tests have been put on notice.
“Everyone has a choice on New Year’s Eve,” Smith said. “We’re asking that that choice be responsibility.”
