Backlash over DWI tests for officer

AUSTIN (KXAN) - The Austin Police Association is challenging the recent traffic stop of an Austin police officer suspected of driving while intoxicated. Association President Wayne Vincent said the officer was unfairly required to give a blood and urine sample after he had already passed several field sobriety tests and a breathalyzer test.

"The fact that we're doing this just because we can - with no valid reason - force an officer to give his blood and urine with no valid reason, that's gone too far, so we've asked the Chief for an explanation," said Vincent.

Police Chief Art Acevedo would not comment for this story except to say the department determined no law or policies were violated during the traffic stop.

The off duty officer was pulled over on September 15 in the parking lot of a restaurant near Highway 183 and I-35 after another officer observed him swerve into another lane, according to Vincent.

After several sobriety tests, the officer submitted to a breath test where his blood alcohol was determined to be .02, well below the legal limit of .08. The officer was being transported back to his vehicle, when an internal affairs officer demanded he submit to a blood and urine test.

"I believe our officers should have the same rights , the same dignity that everybody else has," said Vincent. 'If you're going to order me in the middle of the night to give blood as my employer, have a valid reason. I'm still waiting to hear that valid reason."

In a recent letter to union members about this incident, Vincent wrote, "IAD has an enormous amount of power over an officer, and we are concerned that this power is being abused, particularly in this case."

Vincent said he has seen the dash camera video of the incident and admits the officer wobbled slightly during the walking test but said overall, he passed that test and several others.

He also said a physical impairment with one of the officer's eyes may have led to the more aggressive approach by the IAD officer.

The officer was arrested and detained but later released and he was never charged.

It is standard procedure for a supervisor and an internal affairs officer to be called to a scene any time an officer is involved in a traffic stop.

The Police Association is waiting for further explanation of the incident by Chief Acevedo.