Mandatory blood draw law goes into effect | Senator Eliot Shapleigh

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Mandatory blood draw law goes into effect
September 1, 2009

A new law that goes into effect on Tuesday expands the use of mandatory blood draws and breathalyzers for individuals arrested for drunken driving, according to a press release from District Attorney Susan Reed.

Written by Michelle Mondo , San Antonio Express

According to the release, Senate Bill 328 allows authorities to draw blood without warrants for the following additional offenses: driving while intoxicated-3rd offense; driving while intoxicated with a child passenger; driving while intoxicated, where the officer “reasonably believes an individual other than the suspect suffered bodily injury and was transported to a hospital or similar facility”; driving while intoxicated with a previous conviction of DWI with a child passenger, intoxication assault or intoxication manslaughter.

Prior to the new law, only people arrested for intoxication manslaughter or intoxication assault were required to give a sample of their breath or blood.

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