July 13, 2010
Prosecuting drunk drivers just got easier. Gov. Paterson signed a law that closes a loophole which has let some people accused of DWIs off the hook.
Until now, a blood test showing intoxication couldn't be used as evidence in court, if the test wasn't conducted by the proper person, or supervised by a doctor.
Now, a certified nurse practitioner or advanced emergency medical technician (EMT) can do the test without physician supervision.
Legal experts say the change will help police and medical staff, and make it a lot easier to prosecute drunk drivers.
“It's a good thing for law enforcement because now, if we have a serious case where someone is injured, we don't have to necessarily have the doctor or a nurse draw the blood,” said Chemung County District Attorney Weeden Wetmore.
Christina Sonsire from the Ziff Law Firm said, “It allows prosecutors to concentrate on what they need to be looking at and not worrying about this loophole.”
Phlebotomists and clinical and medical lab technicians are still limited in the new law. They need orders from a physician, physician assistant or nurse practitioner, or the driver's consent.