In an effort to expedite the process for police and the courts, a new law will allow medical personnel trained in a licensed hospital or educational institution to withdraw blood to determine the presence of alcohol, controlled substances or hazardous substances.
The current DWI statute limits who can draw blood for implied consent to a physician, medical technician, emergency medical technician-paramedic, registered nurse, medical technologist, medical laboratory technician, phlebotomist or laboratory assistant.
Law supporters want it made clear that anybody who is qualified to take blood for DWI samples can do so. It eliminates cases where a person arrested for DWI is taken to a hospital, but there is not a person on duty who fits one of the titles in the DWI statute. In such cases, either law enforcement has to wait for a qualified technician to arrive, or if somebody medically draws blood and the sample is challenged, the test is thrown out and the DWI case is dismissed. The new law should save money for law enforcement and the courts by eliminating hearings based on technicalities.
Sponsored by Rep. Kory Kath (DFL-Owatonna) and Sen. Kevin Dahle (DFL-Northfield), the law was signed April 10 by Gov. Tim Pawlenty. The law takes effect July 1, 2010.
HF2881*/
SF2817/CH225
Turn your key and breathe
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