From the Chronicle:
A new Texas law allowing police to draw blood from DWI suspects without a judge's OK is riling defense attorneys, pleasing prosecutors and has crime labs gearing up for more work.
The law, which takes effect Sept. 1, also has sparked debate among constitutional experts, including some who are troubled by the prospect of allowing the state to invade a person's body on suspicion of a crime.
Police will be allowed to order blood drawn from a person suspected of driving while intoxicated without judicial review under certain circumstances, including instances in which the suspect is a repeat offender, a passenger died or in which a child under 15 was a passenger in the vehicle.
“The real problem is they've taken authority away for judicial review, and it's now at the sole discretion of police officers,“ said Houston lawyer Doug Murphy, who co-chairs the DWI committee of the Texas Criminal Defense Attorney's Association. “There are no checks and balances. Once you give police officers sole discretion, one branch of government can run amok.”
