Austin Police Association is upset that one of it’s members, an Austin Police Officer, was treated like everyone else who has been stopped and suspected of DWI
As reported by KXAN, the Austin Police Association is upset because one of it’s member/officers was stopped for DWI, forced to do the field tests, and after providing a breath test, required to give blood and urine. Are you kidding me? This happens all the time to the ordinary citizen. They perform the Field Tests….some provide breath tests, some don’t, and then the officer gets a warrant for their blood.
To be fair, the officer did provide a breath test of .02, but I have had clients give all zeros on the breath machine, to only be served with a warrant for their blood. Further, even a representative from the Association admitted that the officer wobbled during the walk and turn test and was stopped because the officer swerved into another lane.
Also, supposedly the officer had a physical impairment with one of his eyes, and that that may have lead to more tests. Well, when my clients have physical ailments that could affect the tests, the arresting officer always claims to “take it into consideration.” Now I am not sure how they do that, because even a young man I represented that only had one leg, still got arrested after the officer assured him he would “take it in to consideration.”
Now, don’t get me wrong, I think this officer, after blowing .02, should have been let go, but for heaven’s sake, let’s make the rule uniform. I find it hypocritical for the Association to complain that an officer had to give blood, but support a “No Refusal” policy. Like my grandma said, “what is good for the goose is good for the gander.”