Fort Worth -
Christi Johnston says she told Dalworthington Gardens police officers they could not take her blood when she was pulled over under suspicion of driving while intoxicated, but she says they took it anyway. "They tied me down and stuck a needle in me", says the Bedford resident.
Johnston says during the blood draw, she was tied to a medical chair at the police department, where an officer took blood from her wrist. "I was shocked to think it was legal, what they did". Tuesday, an appeals court in Tarrant County will hear arguments in Johnston's case, who sued in an attempt to get the blood evidence against her, thrown out.
Dalworthington Gardens is the only police department in Texas to use officers, cross-trained as emergency medical technicians, to draw blood from DWI suspects. It is a practice that has been under legal scrutiny for more than a year.
Fort Worth Attorney, Avery McDaniel represents Johnston. McDaniel says the practice is unconstitutional. "A police officer who is trained to be a police officer is then acting in the role of a medical professional and drawing blood. I think that is improper and unreasonable".
McDaniel says the officers receive about 14 hours of training before drawing blood. He says that isn't enough training to learn to deal with a possible medical emergency. "Are you going to risk someone's life to get a blood sample?", says McDaniel.
Dalworthington Gardens officials are defending the use of officers to draw blood. "We haven't hurt anybody and we have done about 500 blood draws", says Police Chief Bill Waybourn.
Waybourn says his officers are well-trained to draw blood, which he says is just another facet of police work. "In every case we gather evidence whether it's a murder or a DWI. That is what this is, gathering evidence."
Johnston still believes the officers were out of line to take her blood the way they did. "It was like rape and shouldn't be legal."
Johnston says during the blood draw, she was tied to a medical chair at the police department, where an officer took blood from her wrist. "I was shocked to think it was legal, what they did". Tuesday, an appeals court in Tarrant County will hear arguments in Johnston's case, who sued in an attempt to get the blood evidence against her, thrown out.
Dalworthington Gardens is the only police department in Texas to use officers, cross-trained as emergency medical technicians, to draw blood from DWI suspects. It is a practice that has been under legal scrutiny for more than a year.
Fort Worth Attorney, Avery McDaniel represents Johnston. McDaniel says the practice is unconstitutional. "A police officer who is trained to be a police officer is then acting in the role of a medical professional and drawing blood. I think that is improper and unreasonable".
McDaniel says the officers receive about 14 hours of training before drawing blood. He says that isn't enough training to learn to deal with a possible medical emergency. "Are you going to risk someone's life to get a blood sample?", says McDaniel.
Dalworthington Gardens officials are defending the use of officers to draw blood. "We haven't hurt anybody and we have done about 500 blood draws", says Police Chief Bill Waybourn.
Waybourn says his officers are well-trained to draw blood, which he says is just another facet of police work. "In every case we gather evidence whether it's a murder or a DWI. That is what this is, gathering evidence."
Johnston still believes the officers were out of line to take her blood the way they did. "It was like rape and shouldn't be legal."
