New DWI Laws - DWI Blood Test

New DWI Laws - DWI Blood Test

Effective July 1, 2010, Minnesota Statute 2008, Section 169A.51 (7) changes the previous ruling on who is allowed to draw blood in DWI cases.  The definition of "qualified person" appears to be a little broad.  I have yet to run into a case where it was too difficult for an officer to find a physician, medical technician, EMT-paramedic, registered nurse, medical technologist, medical laboratory technician, phlebotomist, or a laboratory assistant.

The previous list encompassed everyone I can think of that I would allow to draw my blood at a medical facility.  I'm not sure who a "qualified person" is, but this seems to be a simple attempt to increase the ability and ease at which the police are able to violate a person's Constitutional Rights and obtain evidence against them.

"All battles are won or lost before they are fought" - Sun Tzu The Art of War.  The only way to get the best possible outcome is in the preparation.  If you're facing criminal charges, don't go into battle alone.  It's important you seek out a capable criminal defense attorney to prepare for battle with you.  Your rights and liberty are at stake.

I wonder how long it will take for the police officers to start drawing blood themselves?


Landon J. Ascheman, Esq.
500 Laurel Avenue
St. Paul, Minnesota 55102
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CHAPTER 225--H.F.No. 2881
An act relating to public safety; authorizing certain qualified persons with
medical training or supervision to take blood samples from DWI offenders;
providing legal immunity;amending Minnesota Statutes 2008, section 169A.51,
subdivision 7.

Section 1. Minnesota Statutes 2008, section 169A.51, subdivision 7, is amended to
Subd. 7. Requirements for conducting tests; liability. (a) Only a physician,
medical technician, emergency medical technician-paramedic, registered nurse, medical
technologist, medical laboratory technician, phlebotomist, laboratory assistant, or
other qualified person acting at the request of a peace officer may withdraw blood for the
purpose of determining the presence of alcohol, a controlled substance or its metabolite,
or a hazardous substance. This limitation does not apply to the taking of a breath or
urine sample.
(b) The person tested has the right to have someone of the person's own choosing
administer a chemical test or tests in addition to any administered at the direction of a
peace officer; provided, that the additional test sample on behalf of the person is obtained
at the place where the person is in custody, after the test administered at the direction of a
peace officer, and at no expense to the state. The failure or inability to obtain an additional
test or tests by a person does not preclude the admission in evidence of the test taken at
the direction of a peace officer unless the additional test was prevented or denied by the
peace officer.
(c) The physician, medical technician, emergency medical technician-paramedic,
medical technologist, medical laboratory technician, laboratory assistant, phlebotomist, or
registered nurse, or other qualified person drawing blood at the request of a peace officer
for the purpose of determining the concentration of alcohol, a controlled substance or its
metabolite, or a hazardous substance is in no manner liable in any civil or criminal action
except for negligence in drawing the blood. The person administering a breath test must
be fully trained in the administration of breath tests pursuant to training given by the
commissioner of public safety.
(d) For purposes of this subdivision, "qualified person" means medical personnel
trained in a licensed hospital or educational institution to withdraw blood.
EFFECTIVE DATE.This section is effective July 1, 2010.

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