A multi-county, multi-agency initiative is taking aim drunk drivers with a “DWI no refusal” weekend, placing a special focus on an area that has a substantially increased amount of traffic this time of year. This initiative has a groundbreaking new component that is likely the “no refusal” wave of the future – the “law enforcement phlebotomist.”
For many, attending the Texas Renaissance Festival has become an annual tradition. Unfortunately, for some, drinking and driving is also part of that tradition. With Halloween coming up next week, there will also be more party goers on the roadways who may be intoxicated.
A task force is in place, comprised of the Montgomery County Sheriff’s Office, the Texas Department of Public Safety, the Harris County Sheriff’s Office, the Magnolia Police Department and the Tomball Police Department, with assistance from the Montgomery County District Attorney’s Office and the Harris County District Attorney’s Office.
Representatives from those agencies held a press conference Thursday to encourage people to make better choices, warning those who drink and drive this weekend stand a very high chance of going to jail.
Patrol officers will saturate the areas that typically see an increase in traffic from the 30,000 people who attend the festival on a given weekend. As always, they say they will be watching for violations and conducting traffic stops. During those stops, they will look for signs of intoxication. If it is suspected, the driver will be asked to perform the standard field sobriety test. Those who fail the test will be taken into custody.
The Montgomery County Sheriff’s Office is providing their BATMobile, so blood can be drawn on location and closer to the time of the traffic stop.
Montgomery County Assistant District Attorney Warren Diepraam, who is well known for his successful prosecution of drunk drivers, said if anyone refuses a blood draw, a judge will be on standby. Information will go to the judge using a tablet, and the judge can choose to sign an e-warrant that will allow a legal blood draw without the driver’s consent.
Diepraam volunteered to provide a blood sample in order to demonstrate the ease of the process, and Harris County prosecutor Allison Baimbridge followed suit.
The draws were done by Tomball Police Sergeant Craig Swinghammer who is also a paramedic. The sergeant drawing blood is part of a growing trend whereby officers are receiving phlebotomy training so they can perform blood draws on drunk driving suspects without the time involved in going to a hospital.
Diepraam said the practice is beneficial not only in the time it shaves from patrol officers being off the street, but is also helpful to prosecutors.
“It’s important as prosecutors to get blood closer to the time of driving,” Diepraam said. “It’s so much more relevant and admissible and has more meaning with a jury when they hear the blood was taken literally five minutes after the traffic stop.”
Cases involving law enforcement phlebotomy have addressed in Texas and support the proposition, he said. Magnolia and Tomball Police Departments are in the process of having more officers trained as law enforcement phlebotomists. TxDOT is assisting with grants to fund these programs. The Harris County Sheriff’s Office is working on implementing the same process, having officers and internal personnel trained for blood draws.
They take two vials, Diepraam said, so they can test for alcohol and for drugs, as well as a keeping a sample in case a defense attorney wants to have independent testing performed.
The MCSO is also providing a jail van that will transport drunk drivers to the jail so officers can quickly return to patrolling.
Terry Albert, General Manager of the Texas Renaissance Festival said they are offering three alternatives to drinking and driver. They have expanded their campground by over 200 acres, at a cost of $20 per car for the entire weekend; They offer shuttle service to partner hotels in the area; and they have partnered with Tomball Taxi Service, posting their number by all exit gates.
Albert says over 600,000 people attend the festival each year and they want to see all of them return home safely.
Diepraam had an ominous warning for weekend revelers.
“Plan ahead- because if you don’t, these guys are going to get you, and it’s off to the gallows for you,” he said.
Watch the whole press conference and blood draws:
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