New York State DWI Law has been amended VTL 1194(4)(a)(1)
In NYS additional persons are now authorized to draw blood for the purpose of testing for alcohol or drug content. At the request of a police officer, the following additional persons may draw blood: certified nurse practitioner or an advanced emergency medical technician as certified by the New York State Department of Health.
The following additional persons may draw blood under the supervision and at the direction of a physician: a registered physician assistant or certified nurse practitioner acting acting within his or her lawful scope of practice or upon the express consent of a person 18 years are more from whom such blood is withdrawn, a clinical laboratory technician or clinical laboratory technologist.
With the amendment to the DWI laws in New York State additional people may draw blood to allow the government and the police greater options to get a blood sample. The best criminal defense to DWI both felony and misdemeanor charges is to attack the blood or breath result. It was common that the police would have an unauthorized person withdraw blood leading to suppression of DWI blood results in several felony DWI or misdemeanor DWI cases regardless of the class of felony or misdemeanor. With changing policy the government now has extra protection over those authorized to withdraw blood.
This additional authorization to withdraw blood in DWI cases (felony or misdemeanor) does not all ow the prosecution to offer the results into evidence without laying a proper foundation at trial. The person who withdrew the blood still is the best witness for the government at trial. Without the actual person who withdrew the blood in a DWI case there is a bases for suppression of the blood results.
Weschester County, Putnam, County, Rockland County and Orange County in New York all look to have blood results admitted into evidence at trial and part of the best criminal defense is to attack these results early and to look for any errors made by the government well before trial.
