News 8
New DWI law forcing law enforcement to scramble 
09:53 AM CDT on Friday, July 3, 2009
FORT WORTH -- A new law in Texas aimed at getting repeat drunk drivers off the roads will require blood evidence.
It's already forcing law enforcement to scramble.
Workers at the Tarrant County Medical Examiners Office are learning about the new law that could put them on the hot seat in court.
"The protocols of the lab will be challenged," said Richard Alpert, Tarrant County assistant district attorney. "It just takes one bad day in court to ruin the reputation of a laboratory."
Prosecutors want the medical examiners' office to be ready when the law takes effect Sept. 1.
It requires police to get blood evidence from DWI suspects with two or more prior offenses, or those who cause injury wrecks or have kids in the car.
"Right now we analyze 50 to 60 cases a year. We anticipate up to a thousand cases a year," said Tarrant County Medical Examiner Dr. Nizam Peerwani.
He worries he'll need more staff to keep his toxicology lab from bogging down.
"We've got evidence custodial issues. We've got temporary storage issues. We've got analysis of samples," Peerwani said.
Prosecutors warned workers that defense attorneys are preparing a minefield of new challenges.
"Lab issues: They told them to attack the cross contamination of samples, contamination of lab solutions, mislabeling of tubes, non secure storage," Alpert said.
With one mistake, a case could be lost, along with the lab's credibility.
That could jeopardize many other cases.
"You need more people testing blood," Alpert said. "You need more people coming to court to testify. That's a given."
Right now blood samples are considered so bullet-proof that many defendants simply plead guilty.
But if there is a dramatic increase in blood evidence, there's likely to be a big increase in legal challenges as well.
And there are only two months left to get ready before the law takes effect.
