Cop too! dang!

Complaints about delays in the blood test policy for New York DWI arrests have apparently succeeded as cops and district attorneys agreed on a new format. Previously, 2 breath test refusals were required in order for a police officer to even ask for a warrant for a blood test. The first refusal takes place in the field. The suspect has a second chance to take a breath test at the precinct. Only after a second refusal could an investigating officer petition for a warrant for the blood test.
This issue came to light very public DWI cases where New York City police officers were both the suspects and the investigators in an accident. In one such case, officer Andrew Kelley is suspected of DWI in an accident that took the life of a local Bronx woman. At the time of the arrest, several witnesses reported Kelley showed signs of impairment. A blood test several hours later showed no alcohol was present in his blood at that point.
To prevent these types of delays in the future, cops and D.A.'s are agreeing to require only one breath test refusal, the first one in the field, before petitioning for a warrant. Some defense attorneys question how much this will actually speed up the process since the second refusal usually comes within 30 minutes. The parties have not yet decided whether the blood tests will be administered strictly in medical facilities or possibly at the precinct by doctors working for the police department.
Whether or not the public will accept this new procedure or question its constitutionality remains to be seen. For now, this is not a law change but a policy change. A legal response may be required if the many parties involved cannot agree on the lawfulness of this procedure.