ILNews

Blood tests for DWI cases costing Hancock County

 Associated Press
July 23, 2014
Back to TopCommentsE-mailPrintBookmark and Share

In the hands of a jury, a simple blood test can mean the difference between a drunken-driver who is convicted and one who walks free.

With the popularity of crime dramas causing what public safety officials call "the CSI effect," jurors today have come to expect law enforcement to provide irrefutable data in cases that go to trial.

But in drunken-driving cases, the same tests prosecutors say have become necessary to successfully convict are also draining an important county budget.

The prosecutor's diversion fund, which covers the initial cost of blood tests given to suspected drunken drivers, received a $23,000 appropriation for 2014. That amount is nearly exhausted, Hancock County Prosecutor Michael Griffin told the Daily Reporter.

That's due in part to rising costs for blood draws, but also because of an unexpected increase in the number of suspects who refuse the alternative, a breath test, after being stopped. A breath test is one of the most basic steps for measuring a person's sobriety, and it doesn't cost the county a dime; but when a person refuses to cooperate, the county must foot the bill to test their blood.

The county council is expected to approve an additional $26,000 appropriation in the coming weeks to cover testing through the end of 2014.

Typically, about 175 drunken-driving suspects refuse breath tests each year and are given blood tests as a result. This year, that number is expected to exceed 190 refusals, according to current estimates.

That's a frustrating reality for law enforcement officials.

"It's an unnecessary expense," Griffin said. "We shouldn't have to pay for that. Breath tests are free."

When an officer stops a driver he believes is impaired, the person behind the wheel is usually asked to take a breath test, as well as submit to a variety of physical tests aimed at evaluating sobriety. A portable breath-test kit - the kind carried by officers in their squad cars - provides an estimated result that is not admissible in court but gives police a good idea if the motorist is over the legal threshold of 0.08 percent blood-alcohol content.

The investigating officer can also administer a more-advanced breath test, one given at the police station using a specialized piece of equipment. That result can be given to a jury if the case goes to trial. If a person refuses that test, the officer is faced with having to obtain a search warrant for their blood.

It's a step that wasn't always necessary.

In the past, juries frequently relied on officer testimony that a driver was weaving in and out of traffic, had slurred speech or other characteristics consistent with impairment. Today's juries, conditioned by the flood of unrealistic crime dramas, are more demanding, and experts say assuring a conviction is all about the numbers.

Juries today expect data to support an officer's allegations, which places law enforcement in the position of having to secure a blood screen for those who refuse a breath test.

"Those test results are golden," Griffin said.

But they come at a cost. In 2011, the county spent $12,600 on the tests. This year, Griffin expects the total will exceed $44,000.

When Griffin took office in 2011, an alcohol screen through Hancock Regional Hospital cost $32. The price today has nearly tripled to $93. In 2011, a dual blood test for drugs and alcohol cost $87. That test costs $280 today.

Hancock Regional spokesman Rob Matt said the increase is based on several factors, some beyond the hospital's control.

In 2012, the hospital discovered it had overlooked what it was charging the county for the tests; they were being offered far below cost.

The following year, Medicare raised its rates for the tests, and hospitals were required to follow suit, Matt said.

"Nobody can charge less than Medicare," Matt said. "Medicare is the threshold."

The hospital hiked its rates yet again in 2013 in response to an increased strain on personnel who were being subpoenaed by courts to testify.

The county is no longer paying solely for the tests to be performed, but also for hospital staff members to then go to court to testify about the validity of the results at trial, Matt said.

"We are now sending medical folks and at times three different staff members to a court hearing to substantiate a test," Matt said. "We're passing along part of that cost because we're paying these folks to be downtown."

And when it comes to keeping streets safe, prosecutors say the county has no choice but to ante up for the test that makes a conviction more likely.

"I think it's come to a point that if we have the scientific technology, why aren't we using it, and so in their minds, many jurors require some objective test result to guide their judgment," Griffin said.

When a driver believed to be impaired refuses a breath test, an officer must prove to a judge there is probable cause to order the driver to take a blood test.

The process can take time, especially if the traffic stop occurs in the middle of the night when officers must awaken the judge and prosecutor on call.

It's a delay some impaired drivers are counting on, perhaps in hopes they will metabolize enough alcohol in their bloodstream to be legally sober by the time the blood draw is taken.

In 2007, former Prosecutor Dean Dobbins spearheaded an effort to quicken the process of getting search warrants for blood samples.

He used diversion fund money to put fax machines in the homes of the county's three judges, allowing officers to quickly send requests for search warrants.

Still, the process expends manpower unnecessarily after a traffic stop that could be over with a simple breath test, Police Chief John Jester said.

"It adds time to it because we have to get a search warrant and then go up and spend time at the hospital with them," he said.

Prosecutors say they're sensitive to law enforcement's frustration, and they pay attention to the details of every report when determining whether to offer a defendant a plea agreement.

In terms of sentencing, the penalties can be more severe for those who refused a breath test and cost the county time and money, Griffin said.

The prosecutor's office is less likely to negotiate with a person who failed to cooperate and cost the county money for an unnecessary test, Griffin said.

"We are less forgiving on the terms that we offer," he said. "And we don't feel bad about that. If you are so aware of what's going on that you decide you're going to do your best to avoid enforcement, then we think that intent should be punished more heavily."

    

ADVERTISEMENT

  • Solution #1
    Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hello everyone am precious from the united state of America am here to testify in the name of this great man who has brought back happiness into my family after my lover Chris left me for 3years for another woman,i really loved Chris because he was my first love i tried everything within my power to get Chris back to my life but people i met just kept on scamming me and lying to me,Then normally on Saturdays i do go out to make my hair and get some stuff,Then i had people discussing at the saloon if they do listen to there radio well,That there is a program (how i got back my ex)And started talking much about Dr EDDY how this man has helped lots of people in bringing back there lover,So immediately i went close to those ladies i met at the saloon and i explained things to them they said i should try and contact Dr EDDY that he has been the talk of the town and people are really contacting him for help immediately we searched on the internet and read great things about Dr EDDY i now got all Dr EDDY contact instantly at the saloon i gave Dr EDDY a call and i shared my problem with him he just told me not to worry that i should just be happy,He just told me to send him some few details which i did,And then he got back to me that everything would be okay within 36hours i was so happy then Dr EDDY did his work and he did not fail me,My lover Chris came to me in tears and apologized to me for leaving me in deep pain for good 3years,So he decided to prove that he will never leave me for any reason he made me had access to his account and made me his next of kin on all his will,Now the most perfect thing is that he can't spend a minute without seeing me or calling me,Am so grateful to Dr EDDY for bringing back the happiness which i lack for years,Please contact Dr EDDY for help he is a trustworthy man in email is dreddyspiritualtemple@gmail.com or you can call him or whatsapp him with this number...+23408160830324 (1)If you want your ex back. (2) if you always have bad dreams. (3)You want to be promoted in your office. (4)You want women/men to run after you. (5)If you want a child. (6)[You want to be rich. (7)You want to tie your husband/wife to be yours forever. (8)If you need financial assistance. (9)If you want to stop your Divorce. 10)Help bringing people out of prison. (11)Marriage Spells (12)Miracle Spells (13)Beauty Spells (14)PROPHECY CHARM (15)Attraction Spells (16)Evil Eye Spells. (17)Kissing Spell (18)Remove Sickness Spells. (19)ELECTION WINNING SPELLS. (20)SUCCESS IN EXAMS SPELLS. (21) Charm to get who to love you. CONTACT:dreddyspiritualtemple@gmail.com

  2. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  3. MELISA EVA VALUE INVESTMENT Greetings to you from Melisa Eva Value Investment. We offer Business and Personal loans, it is quick and easy and hence can be availed without any hassle. We do not ask for any collateral or guarantors while approving these loans and hence these loans require minimum documentation. We offer great and competitive interest rates of 2% which do not weigh you down too much. These loans have a comfortable pay-back period. Apply today by contacting us on E-mail: melisaeva9@gmail.com WE DO NOT ASK FOR AN UPFRONT FEE. BEWARE OF SCAMMERS AND ONLINE FRAUD.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

ADVERTISEMENT