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Senator Head Proposes Legislation to Improve Tests for Intoxication

January 11, 2013

  01/14/13 State Sen. Randy Head (R-Logansport) Friday announced he is authoring legislation that would improve tests for intoxication in the event of a drunk driving accident.

Senate Bill 168 amends the policy on blood-alcohol content tests to allow any qualified, properly trained individual to take a bodily substance sample and have it used in court. Currently, the law only lets licensed physicians, nurses or advanced emergency medical technicians obtain samples that can be used as evidence.

“This is a loophole that could allow drunk drivers’ fluid samples to be thrown out of court because they weren’t taken by an authorized person,” Head said. “In instances where a victim dies or is seriously injured, that technicality could keep the driver from being held responsible. We must make sure drunk drivers are held accountable in court.”

The bill also specifies that a court is not prohibited from issuing a search warrant to attain a bodily substance sample from an individual suspected of driving while intoxicated.

“Families who have lost loved ones in drunk driving accidents deserve to know the appropriate actions were taken with the person responsible,” Head said. “My bill would ensure that happens.”

SB 168 was introduced on Jan. 7 and moved to the Committee on Corrections and Criminal Law. It will be heard on Jan. 15.