Make sure you check out the post about our DUI Medical Defense Screening Tool.
The topic of blood sampling for purposes of blood alcohol determination is relevant to the legal community on a number of levels. Case law has provided the basis for not only legal precedents in “Driving Under the Influence” (DUI) litigation, but it has dictated the “road map” or “how to” advice in going about the legal tactics involved in these cases, albeit with caveats pertinent to prosecutors and defense attorneys alike. None of that is the focus of this article. Rather, my goal is to point out critical elements of what constitutes acceptable medical practice in cases where blood is drawn from someone under arrest for DUI. Without knowing what is/isn’t acceptable from a medical standpoint, its quite difficult for any lawyer to develop prosecution or defense tactics that support their particular cause. Inasmuch as evidence suppression hearings can often hinge on just what is or isn’t “medically acceptable” it would behoove any attorney involved in the conduct of these kinds of cases to take note of what follows.
This month’s criminal topic is DUI Blood Draws. Topics covered are:
- Why “Medically Approved” is important (9/5/14)
- Case Scenario (8/12/14)
- A review of the issues to prep (8/19/14)
- Legal Implications (8/26/14)
Note: To see all posts in this topic, click here
