This case involves a blood test done on an individual suspected to be driving under the influence of alcohol. Following a refusal to consent to a blood draw, the defendant was held by officers while multiple punctures were made to draw a blood sample from the defendant, causing considerable pain. The arresting officer claimed that the procedure utilized on the defendant by the police department personnel and the phlebotomy technician was not done pursuant to any standardized instruction or published standard operating procedure for chemical analysis, but was an improvised method that the officers had developed on their own. This case took place in the state of Kentucky.
Question(s) For Expert Witness
- 1. What is the proper procedure under which to perform a forced blood test?
Expert Witness Response E-001246
The blood draw must be done in a medically approved manner with no undue pain. I would like to know the method used by the phlebotomist. I am curious to know why a breath or urine test was not offered. Also, there needs to be a sufficient reason for the forced blood draw since this is a misdemeanor case. It sounds like the force may have been unreasonable and excessive. A search warrant was needed due to a very recent Supreme Court ruling.
Expert Witness Response E-008178
Forced blood draws are not done on routine DUI stops, only on felony arrests or if there is an accident. It is standard to provide a breath test first. If the individual refuses to take a chemical test, then that individual has his license revoked.