Lawmakers will have to decide DWI issue
State Rep. Jimmie Don Aycock says he has a solution that removes the roadblock in question and offers the necessary legal protection Seton seeks.
The Republican representative from Killeen, whose district includes Burnet County, plans to introduce new language to the existing law that would remove any loopholes allowing DWI defendants to sue hospitals or medical institutions on grounds their civil rights were violated when their blood was drawn.
Aycock is urged to pursue the matter with the utmost diligence when the 81st Legislature convenes in January to insure the wheels of justice start turning again more efficiently in Burnet County.
Blessed are the peacemakers.
The issue, of course, has ramifications across the state. The tests measure blood-alcohol content and are used in court to convict DWI defendants. They are not random and a judge must sign a warrant before the blood is drawn. County law agencies are taking part in this initiative that uses mandatory blood tests to crack down on drunk driving.
Seton Highland Lakes Hospital in Burnet has preserved hundreds of lives and provided professional healthcare services for several years to the residents of the Highland Lakes. The staff has a solid and well-earned reputation as caring and attentive and caring.
But Seton on Oct. 3 sent a letter to Burnet County law enforcement agencies saying staffers there would no longer perform the tests.
Seton officials cited distinctions between privately-owned versus county and other types of public hospitals, where blood is routinely drawn for criminal investigations.
Seton officials are also afraid they could be sued over issues involving the violation of a suspect’s civil rights. They have argued that state law does not offer full protection to hospitals from legal liability in such cases.
The law clearly allows hospitals to draw blood from incapacitated suspects in DWI cases where a death or a serious injury has occurred. State statutes need to definitively spell out the protections to medical institutions in all cases involving DWI motorists.
Officials with Central Texas Mothers Against Drunk Driving have said the tests are a crucial method of stopping drunk driving.
It is peculiar to see the Sisters of Charity, the operators of Seton, and MADD on opposite sides of the fence. Seton’s concerns about liability and civil rights are understandable, but county officials argue current law already protects them.
Aycock says he intends to make the law as clear as possible, and feels sure this is one controversy that can be taken care of not long after lawmakers convene next year.
That’s good news, because at the moment, the issue is at a standstill. Lawyers for Seton and Burnet County officials have not been able to reach a compromise. Meanwhile, law officers are having to transport DWI suspects to Lampasas or Llano to have their blood drawn to test for high levels of alcohol. These trips take local peace officers out of service and add to transportation costs.
True, the controversy likely will be moot next spring, when the new Burnet County public-private jail opens with a clinic and a licensed phlebotomist on staff. Also, the proposed Scott & White hospital south of Marble Falls could also be a place to test blood-alcohol content levels, but not for another couple of years.
Everyone wants to get drunk drivers off the road, and Seton — which is a member in good standing of the local community — needs to be a part of that answer. However, they should also enjoy the full protection of the law.
We urge Aycock to purse this issue with full vigor and to make the law ironclad.