You Can Still Be Stopped And Stuck By A Cop In Texas

Back on 4/21, I received a broadcast email from the ACLU of Texas informing me of a bill in the Texas House, HB 440, which would prevent police in Texas from what has become an increasingly prevalent practice: drawing blood from drivers stopped for possible DUI infractions.

I have no objection to being subjected to such a test, if there is good visual evidence that I am driving drunk, and if the police provide a certified phlebotomist to extract, label and secure the blood sample for future testing. Otherwise, I don’t want any bored cop stopping my car and poking holes in me, something which I seriously doubt most cops are certified as qualified to do, just for kicks.

But I just received an email containing a letter from my State Representative:

Dear Mr. Bates:

Thank you for your letter about House Bill 440. On April 19, 2011, HB 440 was left pending in the Homeland Security and Public Safety Committee. The deadline for passage has passed and the bill will not be moving forward.

So all those small Texas towns I won’t be driving through can still, in theory, stop me and stick me. And the ACLU of Texas was just a tiny bit late in informing me. Great.

Of all the possible warrantless searches one could be subjected to, that one seems about as invasive as possible. Well, OK, I can imagine worse warrantless searches, but this one is bad enough. And it’s not as if cops don’t have a lot of other ways to tell whether a driver is drunk…

(Answer to the question you surely thought of: no, I’ve never been stopped for DUI. If I’ve had even a little bit too much, I stay home.)

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