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Committee approves bill clarifying expressed consent for blood draws in some DWI cases
Summary
The Senate Judiciary Committee voted to pass House Bill 1184, which aligns state statute with recent court rulings by requiring expressed (not implied) consent for voluntary blood draws when a warrant is not available; members said consent could be obtained at the scene or at a hospital.
The Senate Judiciary Committee voted to pass House Bill 1184 after Representative Dolby told the panel the measure simply aligns Arkansas law with recent U.S. and Arkansas Supreme Court decisions requiring expressed consent for voluntary blood draws in some DWI contexts. "All this bill is doing is following what the courts have said is that you've got to have expressed consent," Representative Dolby said during the committee hearing.
Committee members asked how and where consent would be captured. Senator Ballinger pressed for clarity on whether consent could be obtained at the scene, during transport or at the hospital; Dolby said it could be done at the scene or once a person reaches the hospital. The chair called for a voice vote; Senator Johnson moved that the bill "do pass," Senator Ballinger seconded, and the motion carried.
Supporters described the change as procedural and narrowly tailored to conform state statute to case law without altering law-enforcement authority to seek warrants. There were no public witnesses for or against the bill at the committee hearing. The panel recorded the passage and congratulated the bill’s sponsor before moving on to other business.
