Quote:
Originally Posted by KRiggins
What if a person is on a blood thinner like Coumadin? That would mean that the person would have increased bleeding after the puncture. Would that qualify as a reason to not draw blood?
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Quote:
Originally Posted by medingdong
No, that is why a qualified medical person should be drawing the blood. Or the "certified" officer should ask you certain medical questions.
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In my view, KRiggins' suggestion shouldn't be rejected so quickly. In the
Johnston case, the court held that the person empowered to take the sample of the defendant's blood was qualified. Nevertheless, the court expressed concern for the situations I mentioned, such as "fear, concern for health, or religious scruple" or a "specific medical condition that may create an unjustified risk, trauma, or pain."
If a DWI suspect used Coumadin, or had hemophelia, I can envision the sample-taker hesitating or refusing to take the sample, and I can imagine a trial judge or appellate court ruling that taking such a sample would be "unreasonable" under the Fourth Amendment.
My opinion is a legal one only. I am not qualified to speak to the science of blood conditions or pharmaceuticals.
