Alabama House Bill HB391

Alabama 2025 Regular Session

• Introduced: 3/5/25
• Refer: 3/5/25
• Report Pass: 3/19/25

Caption

Traffic offenses, drawing of blood in relation to certain traffic offenses further provided for

Impact

The proposed changes in HB 391 could have significant implications for how blood tests are conducted during DUI investigations. If enacted, the law would provide individuals who are qualified to administer blood tests with more autonomy, potentially affecting the availability of evidence in DUI cases. Moreover, by granting the right to refuse under specific conditions, the bill may alter the dynamics between law enforcement agencies and medical professionals, raising questions about the thresholds for such refusals.

Summary

House Bill 391 seeks to amend existing laws relating to traffic offenses, specifically focusing on the protocols for blood testing in cases where an individual is suspected of driving under the influence (DUI). Under the current law, qualified individuals such as physicians or registered nurses are required to draw blood when directed by law enforcement. This bill proposes to allow these qualified individuals the right to refuse to draw blood in certain circumstances, which introduces an element of discretion in the enforcement process.

Contention

There may be notable points of contention surrounding the bill. Proponents could argue that the ability for medical personnel to refuse to conduct a blood draw without just cause may protect healthcare workers from potential legal challenges and moral dilemmas. Critics, on the other hand, might express concerns that allowing refusals could hinder law enforcement's ability to effectively prosecute DUI cases, potentially leading to inconsistent enforcement across different jurisdictions.