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blood is withdrawn, a clinical laboratory technician or clinical laboratory
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.