New Law Gives Texas Drivers Less Options for Blood Alcohol Tests

by Victor Lopez
NewsWest 9

TEXAS--The new Senate bill hasn't even gone into effect, but prosecutors like Ector County District Attorney, Bobby Bland, will be ready to head to court with their poker faces on and an ace up their sleeves, "Certain crimes, which are felonies, which is what we deal with in this office, will now have a new weapon to use against the defendant, which is their own blood."

You'll definitely want to think twice about ordering that last drink the next time you're out on the town, because when it comes to DWI's, the Texas Legislature is putting on the pressure.

According to Bland, "It gives us one more piece of evidence that we can use against them.  Obviously, if someone is driving with over a .08, Blood Alchohol Content (BAC), then under the law, they have committed driving while intoxicated."

If you're involved in an accident and anyone is hurt or if there is a person under the age of 15 in your car or if you're a habitual offender, get ready to roll up your sleeve.

"If someone's committed a felony or if someone has injured somebody, that will get their blood and we'll be able to use that against them in court.  If it's over .08, then by law, they should be convicted of that," Bland explained.

This is a state law, so that means, anyone with a badge can take you in.

"Odessa Police Department, Sheriff's Office, DPS, any constables, any law enforcement agent can pull someone over, then they can take them to the hospital and get a blood draw and have that tested to see if they are over the legal limit," Bland said.

Bland added, prosecutors won't need any extra training, but they will have an extra edge when they head to the court room, "It's one more weapon to be used in the most serious of DWI's."

One of the consequences you could face, for a 3rd DWI conviction, which is a felony, you could face anywhere from 2 to 10 years in prison.