Most Texas politicians suspected of drunken driving refuse blood, breath tests

Public records show that most elected officials who have been stopped on suspicion of driving while intoxicated in recent years refused a blood or breath sample. The Austin American-Statesman reported Sunday that it found cases involving more than a dozen elected officials – including representatives, senators, judges and commissioners – who refused breath or blood tests. The tests determine whether the driver's blood alcohol concentration exceeded the 0.08 percent legal limit. Except for two cases, both of which occurred outside the state, the politicians refused, the paper reported. "Among the general public, the refusal rate is about 50 percent, but at the Capitol, the refusal rate is about 100 percent," said Shannon Edmonds, governmental relations director for the Texas District and County Attorneys Association. Karen Housewright, executive director of Texas Mothers Against Drunk Driving, said it's a growing problem. "But we like to think our elected officials would behave as role models and hold themselves to a higher standard," she said. Rep. Mike Krusee, R-Round Rock, refused the breath test when he was pulled over last year. "I'd always heard from attorneys that you should refuse," Krusee said. His DWI case was dismissed in November. Defense attorneys say giving breath or blood can only hurt their clients' cases. Even a blood alcohol level below the legal limit doesn't guarantee the driver will be released, said Jamie Spencer, an Austin lawyer specializing in DWI defense. Drivers who refuse the tests are supposed to have their licenses suspended for 180 days – compared with only 90 days if they submit and fail. But the suspension can be challenged in court. The defendant, meanwhile, can keep driving by obtaining a temporary license.