New DWI policy in use here
By BRENDA SOMMER bsommer@leader-news.com

A new policy that lets police have blood drawn from suspected impaired drivers has been put into use in Wharton County.

In Texas, any magistrate - a judge or justice of the peace - can sign an evidentiary search warrant to draw blood in a suspected DUI or DWI case. Law enforcers have increasingly used this capability since a ruling two years ago by the Texas Court of Criminal Appeals confirmed search warrants are a legal option in DWI cases.

So if a suspect refuses to take a breath test, a search warrant to draw blood can be obtained. In Wharton County, this process began over the Christmas/New Year's holiday period. Lt. Danny Marek of the Wharton County Sheriff's Department said his department has already used the warrants in "probably half a dozen" cases already. "All of the justices of the peace are well versed on it and ready to go through with it," Marek said.

He said although the ability to force a person to have blood drawn might be a surprise to suspects, it is now the law and will be used.

"We would encourage our offi- cers to seek that avenue if need be, to get accurate results on what occurred," he said.

El Campo Police Chief Jim Elliott said his department first used the no-refusal warrant process on Dec. 21. "Officer Justin Soza was the first to obtain a search warrant," Elliott said.

Soza had stopped a man who seemed drunk and allegedly had beer in his vehicle. The man, it later turns out, had two previous convictions for drunken driving. Soza contacted Precinct 4 Justice of the Peace Tim Drapela, who issued the warrant to test the suspect's blood. Paramedic Jimmy George Jr. then drew the blood at the police depart- ment.