Travis County Commissioners Court
Tuesday, May 11, 2010,
Item 10
>> okay, let's try to squeeze one item before number 7 and 8. And this item ought to take one minute that. Is number 10. I notice that three or four individuals have come on it. 10. Consider and take appropriate action on amendment to the central booking interlocal that will provide phlebotomy services in the central booking facility. Mr. Reefer seed had a comment. Otherwise this item is ready for consent. Mr. Reeferseed.
>>
>> [indiscernible] i have a question. Let me ask this question, what is the difference between this here what we're doing here, i didn't see it, it just dawned on me, when i went through the backup, what is the difference in when you -- when you are arrested for an intoxicated action, driving while intoxication indicated and -- driving while intoxicated and you have to blow into some kind of apparatus to -- to determine the alcohol level. What is the difference between this -- what this does and blowing through some apparatus to determine the level of -- of alcohol content? How do these two things work? Do they work hand and foot? Do they do both? I really don't know. Can somebody answer that question for me, please.
>> yes, i can. I'm darren long with the travis county sheriff's office and jail administrator. The breathalyzer that you are speaking of, which is we have breathalyzer machines and toxilizer's machine in central booking. It measures from the breath. A blood, a blood draw measures from what's in the blood system and it's more accurate. Is that -- does that answer your question?
>> it's more accurate? So we do not use --
>> [multiple voices]
>> it's mandated in some instances where there's a vehicle accident and some other things. And now with -- with a magistrate's approval on a blood search warrant, law enforcement can obtain blood from that source.
>> well, but -- but i'm still not getting the answer that i'm -- what i'm trying to determine is the --
>> intoxication --
>> the breathalyzer test that you take, in central booking, is it still going to be available? Or will it be overwritten by what's going on here? I --
>> it will still be available. There's -- the machines are still there.
>> but you won't be using them anymore or -- or what? On what instances do you use those as opposed to this?
>> it will depend on the discretion of the officer and the agency and the -- and the totality of circumstances for that arrest and/or for -- for the blood draw itself.
>> if i can make a comment as well, commander steven baker with the highway enforcement command, dwi unit. In the city of austin we have an average of 7,000 dwi arrests a year. Last year we did about 400 blood draws, a little over 400 for the year, we did utilize the breathalyzer test for about 6600 tests during the year, they get used, they get used a lot. But again the state law that was passed in sent of last year mandated that -- that subjects that are convicted of -- of -- arrested for a felony dwi offense, which is a -- a dwi involving a crash where there's injury and the person is transported to jail or if they have a minor under 15 in the vehicle, then that's considered a felony offense and the legislature has mandated that we draw blood and they are not even allowed to give the breath test.
>> so it's -- it's under certain circumstances.
>> exactly.
>> see, that wasn't -- that wasn't -- it didn't say that, per se, in the backup under these conditions, this is when the blood tests will be rendered.
>> right, correct.
>> it needs to say under these kind of conditions, that's what was kind of confusing me. State law is one thing, we try to abide by what we are man detailed to do by state law. However when we are implementing things, i know this is all part of the interlocal, when we are implementing things, i think it needs to specifically say in my opinion, under these conditions, this is when breath -- blood will be drawn. And in these instances. So this is why -- so this is why we still have the two apparatuses available.
>> yes, sir. Commissioner davis i apologize if that's not in the backup, it was covered in the work session, i believe you weren't present and we did have discussions on that area, but we'll try to get you that backup.
>> right, i wasn't briefed on that particular portion, but when i saw it, see what i go by is backup. I didn't see in it the backup. To indicate the conditional setting. So i have no problem with that.
>> mr. Reeferseed.
>> thank you.
>> yeah, basically same idea. That -- that just to express our, as citizens, we want to hold on to our rights to -- to not be -- not be unnecessarily investigated and i understand by state statute that we have to mandate there are certain types that has to do. But generally speaking, drawing blood for -- for -- it's a very serious thing. So -- so i just wanted to express citizens' viewpoint on that kind of -- not as often as, you know -- less often is better, so thanks.
>> move approval.
>> second.
>> any more discussion? All in favor? That passes by unanimous vote. Thank you all very much for coming down.
>> thank you.
>> thank you all for the explanation.
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Last Modified:
Tuesday, May 11, 2010 12:35 PM
