The city will enact a new protocol allowing police officers to more quickly administer blood tests to suspected drunk drivers who have refused to take Breathalyzer tests. After several DWI suspects who declined field sobriety tests didn't have their blood drawn for hours — allowing them to sober up — the police department and the city's district attorneys forged the new agreement on Sunday to speed up the blood-testing process.
Under the old rules, cops could only apply for a warrant to draw blood after a suspected drunk driver had refused a breath test in the field, and a second breath test in the station house. The new agreement will let officers request a warrant as soon as a driver refuses to take a breath test in the field. Police will alert the district attorney's office "at the earliest time possible" so prosecutors can quickly begin applying to a judge for a warrant to take blood, according to the Times. NY1 reports that police will read refusal warnings on the scene, while the Post notes that cops will immediately bring suspects directly to one of the city's six blood testing facilities. Under current rules they are first sent to the nearest police precinct.
The change in blood-testing rules comes months after off-duty officer Andrew Kelly struck and killed 32-year-old Vionique Valnord, but didn't have his blood tested until seven hours later. Despite witness testimony that he slurred his speech and reeked of alcohol at the time of the collision, the tests revealed he had no alcohol in his system. This fall, an off-duty detective wasn't tested for more than five hours after he struck and killed a woman in the Bronx — but his blood-alcohol level was still at .21 (the legal limit is .08).
