How Can a DUI Blood Draw Be Dismissed?

Courtesy of Godoy Medical Forensics


At the DUI Defense Lawyers Association’s Mile High Summer Seminar 2016 in Denver, I presented on Medically Acceptable Blood Draws. The case law for this issue is from Cuevas and Schmerber, where the courts determined that blood draws must be performed in a medically acceptable manner. The main issues relate to risk of harm, contamination and, to some degree, hemolysis (destruction of blood cells). Some of the key points in arguing against admissibility are related to the following do’s and don’ts.