Michigan DUI Lawyer
There are two main chemical tests to determine the amount of alcohol in a driver for evidence in drunk driving cases. They are a breath alcohol test or a blood alcohol analysis. The arresting police officer usually makes that decision unless a driver refuses a breath test. They usually choose breath because it is easier and quicker for the officer to administer. It is done at the police station on a breath alcohol instrument called a Datamaster. When the driver refuses the breath test, the officer will attempt to get a warrant to draw the driver’s blood.
Most people think a blood test for alcohol is more accurate than a breath test. Generally, a blood test is a better test to determine the amount of alcohol in a person only if the blood is drawn properly, preserved properly, delivered to the lab promptly, and analyzed strictly pursuant to applicable protocols and procedures. As Michigan’s only Forensic-Scientist as certified by the American Chemical Society, Barton Morris has the education and experience in attacking each one of these issues. The issue that Barton Morris is fighting against right now, and plans on winning, is the unreliable paramedic blood draw.
Michigan law states clearly that only a doctor, or an experienced person designated by that doctor, may draw blood for evidence of a DUI. The law also clearly states that the person must be regularly supervised and trained by that doctor to ensure the individual knows what they are doing and doing it correctly.
The officer’s hate to go the local hospital for the blood draw. They have to leave the comfort of their police headquarters. Depending on how busy it is, there may be a wait. It is the last thing they want to do. To save the officer time many cities have changed their policy and call in the local fire department paramedic’s to the police station and perform the blood draw there. The goal for them is to save time but what does that mean about the reliability of obtaining a blood sample?
City fire department paramedic’s are trained in life saving and emergency medical services. Blood draws are not their typical assignment. Further, they do not work directly for or under the supervision of a doctor. Their supervisor is the fire department chief who is not a licensed physician. There is no one there to ensure they receive the training and continued education and supervision to ensure they are performing the blood draw properly, as the statute requires. Further, they are performing these blood draws at the police station which is far from the sanitary conditions of a hospital. Even the back of an ambulance cannot compare.
This is a local practice now in the cities of Birmingham, City of Rochester, Berkley and Novi. There are several more. These cities are sacrificing the integrity and reliability of a very important blood draw which will be used as evidence in a DUI prosecution, for the sake of expediency and convenience. Justice should never surrender to convenience.
Local city attorneys and prosecutors have been getting away with this stunt by saying there is another doctor that regularly supervises the paramedics but that claim has not been proven to be true. Barton Morris is presently addressing this issue on appeal in Oakland County Circuit Court where he expects to win this battle. If not, it will be litigated in the Michigan Court of Appeals and possibly the Michigan Supreme Court. Upon success, it will become the law of the land – fire department paramedics are not qualified by law or properly supervised by a physician to perform evidentiary blood draws. Stay tuned.