The pilot program that is happening in Idaho and Texas to take blood forcibly from individuals unwilling to blow a breathalyzer is aimed at prosecuting more people, says Georgetown University professor Andrew Einhorn.
A new federal program has already been tested in Idaho and Texas which allows American traffic police to forcibly take blood samples from drivers they suspect of driving drunk.
Einhorn estimates that in about 22% of the cases, people refuse to take a breathalyzer because their defense attorneys told them that doing so would create evidence, without which the situation is only word against word.
“If officers are restraining a suspect who is thrashing around… to take his blood, there is the potential situation that a needle could strike both the suspect and the officer, exposing the officer to HIV,” said Einhorn.
On top of that, he added, “If you strap somebody down and you are penetrating their body against their will, in my mind you are committing an active rape.”