Mandatory Specimen Collection for Suspected DWI Offenders




Shaffer, Kary

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Law Enforcement Management Institute of Texas (LEMIT)



One of the oldest problems facing law enforcement is driving while intoxicated. This has been occurring since the advent of the very first automobile. Because of this age old issue, there needs to be an aggressive approach enacted in order to make a significant difference in the devastating effects that this offense can produce. Since drinking and driving affects not only the community, but the country as a whole, all members of society should play a role in helping to deter this from happening. One way to do so is to demand that all law enforcement agencies implement a policy that requires their officers to seek a search warrant for all DWI offenses when the suspect refuses to consent to a specimen. This issue has been addressed in the paper that follows. The hopes are to reach the affected audience which includes law enforcement personnel, policy makers, prosecutors and the general public of all communities. After much research, it was determined that there were pros and cons for this idea. Some of the positive aspects of this topic are the possibility to severely increase convictions and to decrease repeat offenders. Some of the naysayer attitudes for this position were discussed and refuted. Most people debate the legality of this issue as well as the availability of key personnel in the process. As long as there continues to be alcohol and vehicles available, DWI will always be a major societal problem. Numerous interventions and incentive programs have been tried with little to no effect on the issue. By establishing a no refusal policy in all law enforcement agencies, communities near and far will be much safer for all.


Drunk Driving, Evidence