Blood Draws as Evidence in DWI Cases

"Jack Shea's Law" Makes it Easier for Police to Gather Valid, Admissible Evidence From Suspected Drunk Drivers

In the eyes of prosecutors, victims' advocacy groups and grieving families all over the state, New York became a safer place on Monday, July 12. On that day, during a moving ceremony at Lake Placid, Governor David Paterson signed what is commonly referred to as "Jack Shea's Law," named for a two-time Olympic medalist and Lake Placid resident killed by a drunk driver back in 2002. Shea's death alone was tragic enough, but limitations in New York Law at the time prevented defendant's prosecution for any charges related to the accident (including vehicular manslaughter, criminally negligent homicide and DWI) because blood samples taken from the driver for testing were not obtained in accordance with the law.

What Was the Law?

Prior to the recent change in the law, any samples taken from a suspected drunk driver for blood-alcohol-concentration testing could only be drawn by a physician, nurse or physician assistant at the request of a police officer in order to be admissible. Medical lab technicians/technologists and phlebotomists could perform the actual blood drawing procedure, but only under the supervision of a doctor.

The law was criticized as being unduly restrictive, particularly in rural or low-income areas where there may not always be staff at hand to both treat injuries from car accidents and draw blood from suspected drunk drivers.

How Has the Law Changed?

The new rules widen the pool of medical personnel qualified to independently handle evidentiary blood draws. This pool includes not only doctors, nurses and physician assistants, but also emergency medical technicians. Clinical lab techs, phlebotomists and lab technicians can also take samples if supervised by a doctor, nurse or physician assistant. Supervision restrictions are relaxed if the adult they are drawing the blood from gives consent.

Though the law has been modified, police and prosecutors must still exactly follow it when gathering evidence to be used against an accused drunk driver. If you or a loved one has been arrested for DWI, you should seek the advice of a drunk-driving defense attorney in your area to learn more about your rights and options.