Prosecutor unveils new blood test protocol for impaired drivers

FORT WAYNE, Ind. (WANE) - Allen County Prosecutor Karen Richards announced a new protocol for blood draws for motorists that refuse a breathalyzer on Wednesday.

This new protocol allows police to obtain a search warrant and take suspected impaired drivers down to the Justice Center to have their blood drawn. The search warrant, which officers will be able to obtain almost immediately, will allow law enforcement faster and more efficient processing of of OWI cases.

Anyone one who denies the blood test will have to go to court at which point Allen County Prosecutor Karen Richards said they could be charged with resisting law enforcement and found in contempt of court. That could then mean time in jail.

"If an individual is found in contempt of court, they can face 180 days in jail for which you do not get good time," Allen County Prosecutor Karen Richards said.

Richards hopes these new protocols will allow them to successfully prosecute more drunk and impaired drivers.

Prosecutor Karen Richards also said it will not cost the county any extra money; on duty jail nurses will be able to draw blood.

It has previously been difficult to prove in court whether or not a person was drunk or on drug if they refused a breathalyzer. The punishment available to prosecutor was license suspension.

Richards told NewsChannel 15 these protocols have been in the works for the past year and are not related to recent incidents.

The Allen County Sheriff's Department, Fort Wayne Police Department and Indiana State Police are all on board with the new protocol.  The Chief of the Fort Wayne Police Department Rusty York is happy with the new protocol.  "This gives our officers a procedure to go through.  One that is very reliable.  One that is easy thought the Allen County Jail," York said.

This will affect drivers in Allen County and begins immediately.  Police tested it out for the first time over the weekend.