The Houston Chronicle reports a furor over a new Texas law, taking effect Sept. 1, which allows police to get a blood sample without a warrant in certain cases of suspected drunk driving.

Some consider it an outrage, violating civil liberties, the Constitution and perhaps apple pie and the flag. Others protest it will create a logjam at blood testing centers used by authorities in Houston, Harris County and elsewhere. In other words, it will be too time-consuming to test each potential DUI offender, so why not just let them go if they refuse a breathalyzer test?

Meanwhile, criminal defense attorneys worry that law enforcers will “run amok” if given such leeway.

All of these alarmists seem to disregard what’s truly alarming: Drunk drivers continue to wreak unspeakable carnage on America’s streets and highways. Since 1982, more than half a million innocent Americans have been killed in car accidents by drunk drivers, including many drunks who were repeat offenders. Think about it: More than half a million — dead — because people drove drunk.

In point of fact, America has lost more lives to drunk drivers since 1982 than in every war since entering World War II. In fact, it’s not even close. Drunk drivers have killed 150,000 more Americans in that time than all of America’s foreign enemies combined.

In effect, drunk drivers are at war with America, and America is losing. So some Texas legislators tried to turn the tide with a new law — a law which gives police extra discretion to get a blood sample only under certain very special circumstances.

These circumstances apply only if the DUI suspect refuses to take a breathalyzer test. In that case, certain conditions allow law officers to get a blood test anyway, and without the delay of waiting for a warrant. These conditions are:

If the suspect has a record of drunk driving already. If a victim other than the suspect dies or is expected to die. If a victim other than the suspect suffers injury and must be hospitalized. If at least one passenger in the accident is a child under 15 years old.

And that’s it. Only if one or more of these special circumstances exist can a law officer call for an immediate blood test for alcohol content without getting a warrant.

Will the result be needless jailing of innocent drivers who didn’t have a drop of alcohol in their system? Will it be more work for overtaxed blood testing labs? Will it be a fatal erosion of the Constitution? Or will it be faster and more authoritative collection of evidence to prove that a drunk driving suspect was, in fact, legally drunk?

If the last case turns out to be true, is that a bad thing? Does it shatter the Constitution? Does it send innocents to jail? Or is it a legitimate response to the sickening car accident carnage caused by drunk drivers?

These questions are well worth asking and need answers. But if you’re also asking who fights for the rights of drunk driving accident victims, ask no more. Jim S. Adler & Associates takes that bull by the horns.

If you or a loved one has been harmed by a drunk driver, submit the free case review form on this Web page and let the evidence in your favor be exercised in your favor by an Adler drunk driving lawyer or Texas auto accident attorney. And if, after Sept. 1, such evidence includes alcohol tests taken under Texas’ new law, then so be it.

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