NMA Indiana Alert: Officer Bisard Case -- Who Can Legally Draw a Blood Sample?
Most of you have probably already read about the unfortunate case of IMPD Officer David Bisard and the August crash that killed one motorcyclist and injured two others.
The key legal issue in the ongoing prosecution of Bisard could be instructive to Indiana motorists, particularly those who may be stopped for suspicion of DUI in the foreseeable future.
The viability of felony alcohol-related charges against Bisard will depend on whether his blood-alcohol tests were valid, and that will depend on the question of just who can legally draw blood for blood-alcohol testing in a DUI context. An article in the Indianapolis Star form 1/13/11 lays out the relevant law quite clearly. According to the Star: "A law enforcement officer may transport the person to a place where the sample may be obtained by any of the following persons who are trained in obtaining bodily substance samples and who have been engaged to obtain samples under this section: (1) A physician holding an unlimited license to practice medicineor osteopathy.(2) A registered nurse.
(3) A licensed practical nurse.
(4) An emergency medcial technician-basic advanced.
(5) An emergency medical technician-intermediate.
(6) A paramedic." Unless and until the Indiana Courts interpret this authorization more broadly, only the listed individuals can take a valid blood sample -- and what is invalid for Officer Bisard is invalid for Indiana motorists generally.
Posted by National Motorists Association
