Texas House Bill would allow EMTs to take blood samples at roadside DWI stops

by Vince Leibowitz of Capitol Annex

A bill has been filed which would add Emergency Medical Technicians to the list of medical professionals allowed to take blood samples from persons suspected of driving under the influence. The bill would also allow blood to be taken anywhere–including at a roadside traffic stop.

Under current law, EMTs are specifically excluded from the list of medical personnel allowed to take blood tests to determine if someone is intoxicated.

HB 509 by State Rep. Debbie Riddle (R-Tomball) would expand the list, adding EMTs. It would also strike language that required the tests to be conducted “in a sanitary place” and replace it with language requiring the tests to be conducted “according to recognized medical procedures.”

Expect civil liberties groups, criminal defense lawyers, and possibly some health advocacy groups to oppose this bill.

One problem is that the bill as written would essentially allow blood specimens to be taken along the side of the road, in the back of a police vehicle, or in a jailhouse ‘drunk tank’–so long as the test is done “according to recognized medical procedures.”

Given that taking a blood sample under unsanitary conditions can cause some pretty serious complications to the test subject, medical professionals would be wise to fight this change–even though existing law guarantees anyone who takes a blood sample immunity from civil liability for any damages the test may cause.

Too, allowing the blood samples to be taken in unsanitary conditions opens the door to pollution of the sample or, at minimum, allowing the integrity of the sample to be seriously questioned.

In addition, in some areas, you could see an increase in EMTs being called to roadside traffic stops to conduct these tests by law enforcement–thus taking the EMTs away from their regular duties. In counties and cities with small EMT foces already, this could cause a problem when it comes to response times.