Police Trained to Draw Blood from DWI Suspects

The U.S. Supreme Court ruled four decades ago that police can draw blood from drunk-driving suspects without a warrant, and a federal program is now examining whether police nationwide should be trained to do so, the Associated Press reported Sept. 14.

The National Highway Traffic Safety Administration (NHTSA) is currently training police officers in Texas and Idaho on how to draw blood during traffic stops and mulling whether the training should be expanded nationally.

Arizona police have been drawing blood from drunk-driving suspects without consent or a warrant since 1995, but the practice is not widespread elsewhere.

Blood tests are generally seen as being more accurate in measuring blood-alcohol levels than breath tests. Police who complete the NHTSA training program would be able to draw blood from drivers who refuse a breath test — by force, if deemed necessary.

Critics see a number of problems with blood testing by police, however, including concerns about chain of custody of samples, contamination, and the potential for malpractice lawsuits. “I would imagine that a lot of people would be wary of having their blood drawn by an officer on the hood of their police vehicle,” said Steve Oberman of the National Association of Criminal Defense Lawyers.