Blood Draws At Jail Facility By Non-Physician/Non-Nurse Found Reasonable
People v. Cuevas
___Cal.App.4th ___ (2013) (California First District Court of Appeal, Div. 1 – Docket No. A138062)
2013 WL 3963601
The Court reviewed seven consolidated cases involving DUI arrests where the subjects opted for blood testing under California’s implied consent law and six were done at a jail facility. The blood draws were each performed by a trained phlebotomist or blood technician. Police officers testified to observing the blood draw site being cleaned and a needle being used from a sealed package. No evidence of pain or discomfort was presented, and in five of the cases there was testimony that the area was bandaged following the blood draw.
The Court rejected defense contentions that the blood draws failed to meet the constitutional standard of reasonableness because police officers arguably lacked the medical training necessary to testify whether the blood draws were performed in a medically approved manner and were done in a jail facility rather than a hospital.
The Court did note, however, that mere consent to a blood draw does not make the manner of drawing blood reasonable per se. It is but one factor to be considered in conjunction with the totality of circumstances.
EDITOR’S NOTE: The California Supreme Court denied petitions for review and for de-publication.Have you been charged with a DUI San Francisco, DUI Marin, DUI Sonoma or DUI Napa? Paul Burglin is a Board Certified in DUI Defense San Francisco Bay areaattorney who for over 25 years has specialized in drunk driving defense in San Francisco, Marin, Sonoma, Napa and surrounding communities. He is also the co-author of "California Drunk Driving Law"