Senate Judiciary probes H.44 language on DUI blood draws after constitutional, medical ethics concerns

Witnesses at the Senate Judiciary hearing reviewed H.44, a DUI bill with multiple amendments. The central dispute at the hearing concerned language in the House version that criminalizes refusal to "submit to the collection of an evidentiary blood sample" and a separate technical drafting concern about a "masking" provision tied to Federal Motor Carrier Safety rules.

Wade Cochran, who identified himself as director of enforcement at "CAC and DMV" for the record, asked the committee to adjust wording on a masking provision (citing 49 CFR 384.226) and pointed the group to specific lines in the House version. Cochran said his office supports most of the bill but recommended the drafting change to avoid unintended consequences.

A legal adviser to the committee (referred to in the transcript as "Attorney Paul") raised constitutional concerns. Counsel argued that criminalizing a person—s verbal refusal to consent to a blood draw could…