NEW ALBANY, Ind. (WDRB) -- A Washington County, Indiana, judge has ruled that law enforcement agencies requesting blood alcohol tests for an individual are responsible for the medical cost.
In most Indiana counties, if a law enforcement agency orders someone being arrested to take a blood alcohol test, the arrestee is responsible for paying the medical expense. In a suit filed in Washington County, New Albany Attorney Bart Betteau argued that practice needed to be changed.
Judge Larry Blanton agreed, ruling that the agency requesting the test is responsible for the cost.
"All chemical tests, hospital services of any kind or necessitated treatment brought about by any Law enforcement agency shall be the responsibility of the requesting agency, the Sheriff's Department, Prosecutor's Office or County Government as provided by Statute," the ruling reads.
Betteau said this ruling doesn't prevent law enforcement from requiring a blood test but holds them responsible for the costs.
"They can have the blood test conducted," Betteau said. "Whether by search warrant or simply asking a person whether or not they consent to a test, they can have that done. There's no question about that. But what cannot happen, pursuant to the court's order anymore, is that the person can not be billed by the hospital — or for that matter law enforcement — for the test."
Blood alcohol tests can sometimes cost an individual between $100-$500. The New Albany attorney calls those costs unfair.
"These people being arrested, hauled off to the hospital, are not wanting a blood test," Beteau said "They're certainly not requesting it. The only purpose of it is to benefit law enforcement for the prosecution.
"I also think a nickel would be outrageous."
The ruling applies in Washington County, but Betteau is hopeful that it will send a message across the state about a practice he calls illegal.
"Hospitals in the state of Indiana and law enforcement should be on notice that that practice is illegal, and to me, that should stop today," he said. "That was the entire reason for the suit."
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